Chalk up another victory against guilty-until-proven-innocent drug testing policies in public schools

We’re now 2-0 against PA school districts who want to force students to pee in a cup in order to join the debate team (or scrapbooking club, or the golf team, or in one of client’s cases, Junior Students Against Substance Abuse). A Pike County judge just issued an order preventing the Delaware Valley School District from enforcing its unconstitutional policy requiring students to submit to random drug testing to participate in extracurricular activities and to drive to school.

In his opinion, Judge Joseph Kameen said, “This case involves a fundamental right – that of the Plaintiffs’ privacy. Plaintiffs in this matter are forced into making an unconstitutional choice between not participating in extracurricular activities, sports, or parking at school and allowing DVSD to violate their privacy.” He later added, “DVSD has failed to show a solid reason for [this policy]…. Granting the plaintiff’s request certainly does not harm the public interest. Rather, it will protect it.”

Kudos to our clients, sisters A.K. and M.K and their parents, Glenn and Kathy Kiederer, for not taking the easy way out and instead choosing to stand up for their rights and the rights of ALL Delaware Valley School District students.

Read more about this case, M.K. v. the Delaware Valley School District, and our other recent student drug testing case, M.T. v. Panther Valley School District.

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