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Editor: Mitchell H. Rubinstein
New York Law School

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Wednesday, September 21, 2011

Pennsylvania state court preliminarily enjoins school district from enforcing random student drug testing policy

M.K. v. Delaware Valley Sch. Dist., No. 11-434 (Pa. Ct. Comm. Pl. Jul. 21, 2011), is an interesting case. There, a Pennsylvania lower court issued a preliminary injunction barring Delaware Valley School District (DVSD) from enforcing its random drug testing policy for students participating in extracurricular activities, including athletics, and students driving vehicles to and from school. Based on the Pennsylvania Supreme Court’s decision inTheodore v. Delaware Valley Sch. Dist., 836 A.2d 75 (Pa. 2003), which held that the school district must show a specific need for a random drug testing policy in order for it to pass constitutional muster, the Court of Common Pleas concluded the students were likely to succeed on the merits of their claim.

The court found that the evidence presented by the school district failed to support its contention of widespread drug use in the school district. It also found no evidence that the drug testing policy is an effective method of deterring drug use within the district.

Mitchell H. Rubinstein

 

http://lawprofessors.typepad.com/adjunctprofs/2011/09/pennsylvania-state-court-preliminarily-enjoins-school-district-from-enforcing-random-student-drug-testing-policy.html

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Comments

Drug testing in school sports in any civil society in my opinion is a responsible policy. Any policy that will deter student athletes from using drugs in an already drug infested society is a good one. It will only reinforce the importance of staying drug free to maintain clarity in thoughts and a accountable lifestyle that will only benefit any young person in our country today.

Regardless of the lack of evidence that this policy is a deterrent to drug usage, it will only reinforce the mindset of living a drug free life.
Nothing good comes from using drugs. I have been there and am talking from first hand experience. And thank the man above I am free of drugs today and free of an apathetic attitude and a lot of money better off.

So a thumbs up to some of the few policies of the conservatives that I definitely agree with.

Drugs kill...dreams, families, relationships, academic achievements and self esteem.

Posted by: Victor Hobbs | Sep 27, 2011 6:13:44 PM

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