M.M. v. Solanco School District

Students forced to undergo random drug testing to participate in extracurricular activities

Court/Assoc.: Court of Common Pleas

Attorneys/Firms: Stephen McConnell, Kevin Flannery, Michael Salimbene, and Kenneth Holloway (Dechert LLP); Mary Catherine Roper, Chris Markos, and Witold Walczak (ACLU of Pennsylvania)

The ACLU of Pennsylvania and Dechert LLP filed a lawsuit in state court on March 21, 2012, on behalf of a Solanco School District (Lancaster County) sixth grader and her parents to stop the school district from requiring students who participate in extracurricular activities, including athletics and academic competitions, to submit to suspicionless, random drug testing.

The ACLU of Pennsylvania believes the school's policy violates a 2003 Pennsylvania Supreme Court ruling requiring schools to justify suspicionless drug testing programs with evidence of a widespread drug problem among students. This is the third lawsuit the ACLU of PA has filed in the past 13 months against school districts with unconstitutional drug testing policies.

The ACLU of Pennsylvania and Dechert are representing sixth-grader M.M. and her parents, Mika and Christopher McDougall, of Peach Bottom, Pa. Because M.M. and her parents have refused to consent to the school's random, suspicionless drug testing policy, M.M. was removed from orchestra and chorus at the beginning of the 2011-2012 school year and is currently ineligible to join any school athletic or academic teams

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