Pubdate: Fri, 07 Feb 2014
Source: Pocono Record, The (Stroudsburg, PA)
Copyright: 2014 Pocono Mountains Media Group
Contact: http://drugsense.org/url/PEKmDRjJ
Website: http://www.poconorecord.com/
Details: http://www.mapinc.org/media/4529
Author: Beth Brelje, Pocono Record Writer

MOM IN DV DRUG-TESTING CASE SPEAKS OUT ABOUT RECENT RULING

The family that sued to stop random, suspicionless drug testing of
Delaware Valley School District students is disappointed in the recent
decision to re-establish testing.

Random drug testing of students who drive to school or wish to be
involved in extracurricular activities has been the district's policy
since 1996. But it was banned from practicing it after Pike County
Judge Joseph Kameen issued a temporary injunction 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. The family believed it was a violation
of their civil rights.

In a written statement, Kathy Kiederer said suspending drug testing
proved the policy is ineffective.

"While the policy was suspended and the injunction in place, Delaware
Valley School District had the smallest number of suspected drug and
alcohol incidents for any of the years recorded, in the 2011-12 school
year. Also when dogs where brought into the middle and high school on
Nov. 17, 2012, no drugs where found.

"The dog hit on five lockers, two were empty and did not belong to
anyone and three remaining lockers were searched and no drugs were
found. Since the injunction, the number of drug incidences at DVSD
declined. There were higher incidences when the policy was in place.
It is still our belief that drug testing the least likely population
of students, those involved in extracurricular activities, is
unconstitutional."

Kiederer said she is proud of her daughters for taking a stance and
defending their privacy rights. They sacrificed not being in clubs and
participating on sport teams to protect those rights.

"This case is about constitutional rights...if we do not teach our
children when they are young that they have constitutional rights, how
will they know to defend them as adults? Students have rights on
school grounds," Kiederer said.

The family is not sure what is next for the girls. Do they submit to
tests they believe violate their rights, or end involvement in activities?

One participates in yearbook and graduates this year. She will not
likely be affected. The other has two years left and is active in volleyball.

"Students do not have a choice at Delaware Valley. They have to choose
between their constitutional rights and participating in activities,"
Kiederer said.
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MAP posted-by: Jo-D