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