DATE: Thursday, April 10, 1997              TAG: 9704100368

SECTION: LOCAL                   PAGE: B5   EDITION: FINAL 

SOURCE: STAFF REPORT 

DATELINE: NORFOLK                           LENGTH:   26 lines

JUDGE REFUSES TO THROW OUT TEST OF SCHOOL SEARCH POLICY

A judge on Wednesday refused to throw out a lawsuit challenging the School Board's policy of random student searches.

Circuit Judge Marc Jacobson ruled that the lawsuit's allegations are legally sufficient to keep the case alive. The School Board asked last month that the case be dismissed. In a three-page opinion, Jacobson ruled that the three students suing the School Board have proved, at least on the face of their complaint, that they might be in ``imminent'' danger of ``irreparable harm.''

``Since this is a random search policy, the court can reasonably infer . . wrote. That is enough, Jacobson ruled, to keep the case in court.

Three students at Maury and Granby high schools, with help from the American Civil Liberties Union of Virginia, are trying to overturn the search policy. They say the policy is unconstitutional. School officials say the policy is needed to keep drugs and weapons out of school.

The lawsuit, filed in December, does not seek money damages, only a court order blocking the search policy. No trial date has been set.

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