Michael and Deborah JOYE, on behalf of themselves and their minor child, Shaun Joye; Phil and Joan Greiner, on behalf of themselves and their minor child, Melissa Greiner; Mark and Linda Zdepski, on behalf of themselves and their minor child, Anna Zdepski, Plaintiffs-Appellants,
v.
HUNTERDON CENTRAL REGIONAL HIGH SCHOOL BOARD OF EDUCATION and Acting Superintendent of Schools, Judith Gray, in her official capacity, Defendants-Respondents.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 19, 2003.
Decided July 9, 2003.
Attorney(s) appearing for the Case
J.C. Salyer argued the cause for appellants (Mr. Salyer, Edward Barocas and Krovatin & Associates, attorneys; Mr. Salyer, Mr. Barocas and Ravinder S. Bhalla, on the briefs).
Kevin P. Kovacs argued the cause for respondents (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys).
Donna M. Kaye, Senior Associate Counsel, submitted a letter in lieu of brief on behalf of amicus curiae New Jersey School Boards Association (Cynthia J. Jahn, General Counsel, attorney).
Michael O. Dermody submitted a brief on behalf of amici curiae Drug-Free Schools Coalition, Geraldine Silverman, Treasurer, New Jersey Federation for Drug-Free Communities, The Livingston Municipal Alliance, Dr. Eric Voth, Chairman, Institute for Global Drug Policy of the Drug-Free America Foundation, DeForest Rathbone, Chairman, National Institute of Citizen Anti-Drug Policy, Malcolm K. Beyer, Jr., Joyce Nalepka, Carolyn Burns, Mary Jo Green, Drug-Free Kids, America's Challenge, National Families in Action, Legal Foundation Against Illicit Drugs, Ginger and Larry Katz, Courage to Speak Foundation, Nancy Starr, Pennsylvania Delegate, Drug Watch International, Stephanie Haynes, Save our Society from Drugs, Kathleen A. Berry, Momstell Coalition, Philadelphia Chapter, Theresa Costello, Mother of Divine Grace Drug Awareness Program and Dawn Engel.
Supreme Court of New Jersey.
The opinion of the Court was delivered by VERNIERO, J.
We are called on to evaluate the constitutionality of a high school's random drug and alcohol testing program. The program applies to all students who participate in athletic and non-athletic extracurricular activities, or who possess school parking permits. Students who test positive for drug or alcohol use are suspended temporarily from those activities or must relinquish their parking permits. They also are...
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