Student Wins Right to Privacy

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A high school senior in Lycoming County just learned a valuable lesson in standing up for his rights.

Thanks to a judge's ruling, that student will not have to be tested for drugs in order to participate in school activities.

Brian Fagnano just got his driver's license and will graduate this spring and head off to college.

For more than a year, he has been fighting a legal battle over his privacy rights and this week, he won.

On Friday, Fagnano, his dad, Brian, and brother, Nathan, dropped by a barbershop in Williamsport for haircuts.

Brandon is fresh off a win in county court over the right to participate in school activities at Loyalsock Township High School where he is a senior. He was banned from the activities last year after refusing to take part in a random drug test policy the school district adopted.

"We felt our privacy rights were being violated, and we wanted to fight to get them back," said Brandon.

He did some research, lots of research, and all the while was prevented from joining the National Honor Society and other service clubs at school.

"To have that stripped away from him for nothing, for doing nothing wrong, this wasn't right," said Brian Fagnano.

Then came Brandon's day in court. His lawyers contested the district's drug test policy and a Lycoming County judge ruled in Brandon's favor. With just two months until graduation it means he can be in the National Honor Society and more.

"It feels good, a step in the right direction regarding random drug testing policies," Brandon said.

In his ruling, the judge said the school district failed to show there is a need for the drug test policy.

The ruling this week does not mean other students do not have to follow the district's drug test policy, only Brandon.

In the future it could expand to all students depending on what happens in any future court cases.

The Loyalsock Township School District offices were closed and unavailable for comment.

Judge's Opinion & Order