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JOYE v. HUNTERDON CENT. BD. OF ED.

803 A.2d 706 (2002)

353 N.J. Super. 600

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-Respondents, v. HUNTERDON CENTRAL REGIONAL HIGH SCHOOL Board of Education and Acting Superintendent of Schools, Judith Gray, in her official capacity, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 2002.

Attorney(s) appearing for the Case

Kevin Kovacs argued the cause for appellants (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Mr. Kovacs and Rita Barone, Bedminster, on the brief).

J.C. Salyer argued the cause for respondents (Krovatin & Associates and American Civil Liberties Union of New Jersey Foundation, attorneys; Ravinder S. Bhalla, Newark, Edward Barocas, West Orange, and Mr. Salyer, on the brief).

New Jersey School Boards Association, amicus curiae, Cynthia J. Jahn, attorney; (Donna M. Kaye, Trenton, on the brief).

By Judges STERN, EICHEN and COLLESTER.

The opinion of the court was delivered by

STERN, P.J.A.D.

Defendants, Hunterdon Central Regional High School ("Hunterdon Central") and its Acting Superintendent of Schools, Judith Gray, appeal from a judgment entered on January 29, 2001, declaring the policy concerning drug and alcohol testing of students at Hunterdon Central in violation of the New Jersey Constitution and enjoining defendants from implementing what the parties both call "random" substance...

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