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DRUG-TESTING BAN LIFTED FOR DELAWARE VALLEY STUDENTS

Delaware Valley School District students will soon be required to provide a cup of drug-free urine for the privilege of driving to school or being involved in extracurricular activities.

That is, one cup to get started, and then random urine tests as long as they remain involved.

Random, suspicionless drug testing has been the district's policy since 1996, but it was banned from practicing it since Pike County Judge Joseph Kameen issued a temporary injunction against testing in July 2011.

Kameen vacated the injunction Jan.  21 and ruled that Delaware Valley's drug testing policy is constitutional and now may continue.

The injunction came at the request of the ACLU of Pennsylvania on behalf of Glenn and Kathy Kiederer of Milford, who objected when their then-12-year-old daughter was required to be tested for drugs to join the school scrapbooking club.

That daughter and another daughter refused to take the drug tests because the family believed it was a violation of their civil rights.

The injunction affected all students by temporarily banning the school from random, suspicionless drug testing until the case was heard.  ( Suspicion-based testing had been allowed and was not disputed.  )

"We are thrilled with the judge's decision.  The testing program helped a lot of kids in the past -- both those that were using drugs and those that used the program as a great excuse to not use drugs," Delaware Valley School District Superintendent John Bell said.

In his decision, Kameen's said the district proved three key points: that there is an actual drug problem in the school district; individualized proof that the targeted students are likely part of the drug problem; and reasonable proof that the policy addresses the drug problem.

The district used evidence that in some cases was based on hearsay and the memories of school officials of events from the 1990s.

For example, there was mention of a drug-sniffing dog hitting on 21 middle school lockers in 1996; a student convicted of selling heroin in the high school bathroom in 1998; a recollection of a public meeting in the 1990s when the president of the student council, who did not testify in this case, said drugs were everywhere in the school and being sold in the bathroom; and a recollection of a police chief who said 35-40 percent of Delaware Valley students were using heroin.

Although at the time school officials did not keep records of which extracurricular activities drug users were involved in, school officials looked back at the records, recalled this information and determined some students who used drugs also drove to school or were involved in football, basketball, track and field, National Honor Society, Odyssey of the Mind, drama club and vocational instruction.

In 2011, each urine test cost $29.  "We have a call into the testing company for pricing," Bell said.

What did the school spend in legal fees for this case? Bell could not offer a figure.

"Since it was covered by our insurance carrier, no money was taken out of the budget to defend the program," he said.

It is unclear if the ACLU of Pennsylvania is done with this case.

"We are filing a post-trial motion in the case tomorrow, which is the first thing that has to happen.  Depending on what the judge does with that post-trial motion, we will make a decision about appealing," said ACLU Senior Staff Attorney MaryCatherine Roper.

"I don't know if the school will immediately seek to enforce the policy against our clients or other students or not.  We haven't heard anything about that yet.  If and when the school does that, our clients will make a decision about whether to keep participating in their activities."

With board approval, testing of students in grades 6-12 will likely start in the spring, Bell said.

STATEMENT FROM BOARD MEMBER

Delaware Valley School board member Zachary Pearce released this statement on the district's drug testing policy:

"While I've had my reservations in the past regarding our pupil drug testing policy, I now believe it to be entirely appropriate in acting as a tool to deter drug use and/or experimentation.  In the wake of Judge Kameen's decision to vacate his previous injunction, and as chairman of the Policy Committee, I've directed the administration to send me a revised policy ASAP.  The full board will be asked to readopt the policy at the February regular meeting.  I'd also like to remind the public that I'm the only board member who was randomly drug tested under the previous policy.  I've heard the concerns of parents in the interim, and I agree with them.  We need to reinstate the policy."