Tulsa lawsuit revived

Tuesday, July 22nd 2003, 12:00 am
By: News On 6

(Denver-AP) -- A federal appeals court has revived a lawsuit parents filed against a Tulsa Head Start program for performing physical exams on their children without parental approval.

The US District Court in Tulsa had dismissed the parents' claim that the examinations violated the children's Fourth Amendment protection against unreasonable search. The court said the parents had signed forms before their children enrolled that covered the exams.

The Tenth US Circuit Court of Appeals said the lower court's decision was wrong because the forms didn't directly address parental consent for physical exams.

The lawsuit accuses the Community Action Project of Tulsa of technical battery and invasion of privacy.

The physical exams were in 1998.