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Newsbrief:
Pennsylvania
Supreme
Court
Questions
School
Drug
Testing
11/28/03
In a November 20 ruling,
the Pennsylvania Supreme Court held that the state constitution's privacy
provisions protect high school students from "suspicionless" drug testing.
The court's finding came in the case of Kimberly and Jennifer Theodore,
who had sued the Delaware Valley School District over its policy imposing
random drug tests on students involved in extracurricular activities, student
athletics, and students who wished to receive school parking permits.
In its ruling, the court refused a motion from the school district to dismiss
the Theodores' lawsuit.
Jennifer Theodore was subjected
to drug testing because she belonged to the National Honor Society and
several academic clubs, while Kimberly Theodore was subjected to the tests
because she participated in athletics. Both passed their drug tests
and have since graduated, but their legal battle continues.
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In its opinion, the Pennsylvania
Supreme Court blasted the school district for failing to show proof that
its students have a drug problem, for failing to show that the targeted
students contributed to any drug problem, and for failing to show how the
district's drug testing policy addressed whatever drug problem existed.
The court also had some scathing words for the district's plan of testing
student leaders as a means of setting an example for the student body.
"The theory apparently is that, even in the absence of any suspicion of
drug or alcohol abuse, it is appropriate to single these students out and
say, in effect: 'Choose one: your Pennsylvania constitutional right to
privacy or the chess club,'" wrote Justice Ronald D. Castille in the 32-page
opinion.
To read the opinion in Theodore
vs. Delaware Valley School District, visit:
http://caselaw.lp.findlaw.com/data2/pennsylvaniastatecases/supreme/309eal2003.pdf
-- END --
|
Issue #313, 11/28/03
Editorial: The Presidential Turkeys |
No Prison Time for Defendants in LA Cannabis Resource Center Case -- Judge Criticizes Prosecutors, DEA |
Judge James Gray in Senate Bid -- Will Challenge Boxer, Call for End to Drug War |
Newsbrief: Traffic Stop Not a License for Criminal Investigation, Illinois Supreme Court Says |
Newsbrief: North Carolina Appeals Court Rules Drug Possession a Misdemeanor, Not a Felony |
Newsbrief: Pennsylvania Supreme Court Questions School Drug Testing |
Newsbrief: Kentucky Bill Would Let Families Commit Drug Users to Rehab |
Newsbrief: US Denies Visa to Bolivian Coca Leader Evo Morales |
Newsbrief: Life Without Parole for LSD Manufacture Conspiracy |
Nearly One Out Of Three HIV Patients in Ontario Use Marijuana Medicinally, Study
Says |
DRCNet Temporarily Suspending Our Web-Based Write-to-Congress Service Due to Funding Shortfalls -- Your Help Can Bring It Back -- Keep Contacting Congress in the Meantime |
| Perry Fund Accepting Applications for 2003-2004 and 2004-2005 School Years, Providing Scholarships for Students Losing Aid Because of Drug Convictions |
| The Reformer's Calendar
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