A New Jersey administrative law judge has turned down a request from the parents of a 15-year-old female student at Haddonfield Memorial High School to prevent the Board of Education from implementing its 24/7 policy relating to drug and alcohol use by students.
The student was charged on November 28, 2009 under a Borough ordinance that covers the possession or consumption of alcohol by minors while in a private residence. That triggered the school district's 24/7 policy and its various consequences.
Even though both the student and her mother had signed a permission form at the beginning of the school year, acknowledging that a violation of the 24/7 policy would have consequences for the student, the student's parents initiated legal action, claiming that the school district's actions were "arbitrary, unreasonable and capricious," a violation of their daughter's due process rights, an invasion of privacy, punitive in nature, and disciplinary.
Judge John R. Futey heard oral arguments on March 15 and issued his order the following day. He denied the request for emergency relief, effectively allowing the Board of Education to implement its policy with respect to the student's transgression.
The judge found the parents' claim that their daughter would suffer "dire consequences" if the policy were enforced to be "specious at best." In fact, he said, the inability of the Board to implement its policy in this case "could have a great adverse impact on the ability of the Board to maintain good order and discipline in the high school for the benefit of every one." The greater harm would be to the district, he said.
The judge found that the parents failed to establish a right to emergency relief and to show that the school district's actions were "arbitrary, capricious and unreasonable." He said that the parents' allegation of adverse consequences for their daughter "is so implausible as to make its validity highly questionable at best."
The judge also ruled against the parents on two other contested matters.
The matter now goes to the NJ Commissioner of Education who may adopt, modify, or reject the judge's order. If the Commissioner does not take any action within 45 days, the judge's order will become final.
CLICK HERE to link to "Family fighting drug policy loses round" by Edward Colimore for the Philadelphia Inquirer.
CLICK HERE to link to "Haddonfield girl loses challenge" by Lavinia DeCastro for the Courier-Post.
