Patchogue-Medford Congress of Teachers v. Board of Education

510 N.E.2d 325, 70 N.Y.2d 57, 2 I.E.R. Cas. (BNA) 198, 517 N.Y.S.2d 456, 1987 N.Y. LEXIS 16793, 44 Empl. Prac. Dec. (CCH) 37,373
CourtNew York Court of Appeals
DecidedJune 9, 1987
StatusPublished
Cited by87 cases

This text of 510 N.E.2d 325 (Patchogue-Medford Congress of Teachers v. Board of Education) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patchogue-Medford Congress of Teachers v. Board of Education, 510 N.E.2d 325, 70 N.Y.2d 57, 2 I.E.R. Cas. (BNA) 198, 517 N.Y.S.2d 456, 1987 N.Y. LEXIS 16793, 44 Empl. Prac. Dec. (CCH) 37,373 (N.Y. 1987).

Opinions

OPINION OF THE COURT

Chief Judge Wachtler.

On this appeal we are asked to consider the constitutionality of a School District policy requiring all probationary teachers to submit to urinalysis to detect potential drug abuse. The courts below found that the practice constituted an illegal search and seizure in violation of the teachers’ constitutional rights. The School District appeals.

In 1982 the Patchogue-Medford School District signed a [63]*63collective bargaining agreement with the Patchogue-Medford Congress of Teachers, the union representing the teachers. The agreement requires probationary teachers to submit to a full physical examination in their first year of employment and again during the final year of their probationary term when they become eligible for tenure. In 1985 there were approximately 22 teachers completing their probationary terms in the Patchogue-Medford School District. Some time prior to May of 1985 each of these teachers had completed a full physical examination conducted by a physician designated by the School District.

On May 3, 1985 the School District notified all of these probationary teachers by letter that they must submit to an additional urinalysis examination. The letter states that, "the district is requiring a urine sample for all einployees eligible for tenure.” The sample would be collected by the school nurse and then forwarded to a laboratory for testing. It is conceded that the sole purpose of this examination was to determine whether any of the teachers were using drugs illegally. There was no resolution by the Board of Education requiring these tests and there is no policy statement or directive from either the Board or the Superintendent relating to them. However, the teachers were informed that the Superintendent would not recommend for tenure any teacher who refused to provide the urine sample.

Prior to the date for the scheduled examination, the teachers’ union commenced this proceeding to prohibit the examination claiming that it was unauthorized and constituted an unreasonable search and seizure in violation of the teachers’ constitutional rights. The union sought declaratory and injunctive relief and obtained an interim stay. The School District raised several procedural objections and, on the merits, contended that the examination was authorized by the collective bargaining agreement, did not constitute a search or seizure and, in any event, was a reasonable requirement to impose on a tenure candidate.

The trial court granted the petition. The court found that the urine test was not part of the medical examination authorized by statute (Education Law § 913) and the collective bargaining agreement signed by the teachers’ representative. The court further held that it constituted a search and seizure and could not constitutionally be made in the absence of reasonable suspicion. The court noted that the "District makes [64]*64no attempt to justify the demand for a sample upon any ground supporting the need for such testing either as to the prospective tenured teachers as a class or to any of them individually.”

The Appellate Division affirmed. The court agreed that the scheduled test was not part of the required and completed medical examination and constituted a purely investigatory search and seizure seeking evidence of illegal drug use. The court also held that probable cause was not required but that the test could not be ordered without reasonable suspicion. The court stated: "Balancing a Board of Education’s interest in ensuring that its employees are fit to perform their jobs against the teachers’ reasonable expectation of privacy, we hold that the reasonable suspicion standard is the appropriate basis for constitutionally compelling a public school teacher to submit to a urine test for the purposes of detecting the use of controlled substances” (119 AD2d 35, 40).

The School District, joined by the United States Attorney General as amicus curiae, urges on a number of grounds that the compulsory urine test does not violate the teachers’ constitutional rights. First, it is urged that compulsory urine testing does not involve a search and seizure because it may be accomplished without invading the individual’s body and all that is seized is a waste product in which the individual can have no reasonable expectation of privacy. Second, it is argued that if a search and seizure is involved, it is nevertheless reasonable to require teachers to submit to compulsory urine testing at the will of the employer because public school teachers have a diminished expectation of privacy with respect to their fitness and the State has an overriding interest in providing a drug free environment in the public schools. Finally, the School District contends that, in any event, the collective bargaining agreement signed by the teachers’ representative constitutes consent or waiver of the teachers’ rights with respect to a compulsory urine test.

It is not clear whether the urine test compelled here would satisfy Federal constitutional requirements. The Supreme Court has not yet decided a case involving compulsory drug testing of government employees, and the courts which have considered application of the Fourth Amendment have reached diverse conclusions. All appear to have held that such testing involves a search and seizure, but differ as to whether it is reasonable for the government to act only on reasonable [65]*65suspicion with respect to a particular employee (see, e.g., Division 241 Amalgamated Tr. Union v Suscy, 538 F2d 1264; Jones v McKenzie, 628 F Supp 1500; Capua v City of Plain-field, 643 F Supp 1507; Security & Law Enforcement Employees v Carey, 737 F2d 187, 205; Turner v Fraternal Order of Police, 500 A2d 1005 [DC App]; cf., Allen v City of Marietta, 601 F Supp 482 [reasonable suspicion noted]) or whether some form of random testing of all employees in certain categories is permissible (see, e.g, McDonnell v Hunter, 809 F2d 1302; Shoemaker v Handel, 795 F2d 1136; Rushton v Nebraska Pub. Power Dist., 653 F Supp 1510 [D Neb 1987]; National Treasury Employees Union v Von Raab, 816 F2d 170 [5th Cir]). A majority of courts appear to support the conclusions reached by the courts below in the case now before us, that urine testing compelled by the government does involve a search and seizure, and that reasonable suspicion is required (see, Miller, Mandatory Urinalysis Testing and the Privacy Rights of Subject Employees: Toward a General Rule of Legality Under the Fourth Amendment, 48 U Pitt L Rev 201 [1986]; see also, Fraternal Order of Police v City of Newark, 216 NJ Super 461, 524 A2d 430; City of Palm Bay v Bauman, 475 So 2d 1322 [Fla 1985], reaching a similar conclusion under State Constitutions).

As noted, the School District disputes both of those conclusions and contends that it has a right to conduct such tests at will. The question is an important one which should be settled throughout the State and one on which resort to the Federal Constitution would not be dispositive since the practice, even if permitted by the Fourth Amendment, may not satisfy the requirements of the comparable provision of the State Constitution (NY Const, art I, § 12). The heart of the controversy under both Constitutions is whether the particular test infringes on an expectation of privacy which society considers reasonable.

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Bluebook (online)
510 N.E.2d 325, 70 N.Y.2d 57, 2 I.E.R. Cas. (BNA) 198, 517 N.Y.S.2d 456, 1987 N.Y. LEXIS 16793, 44 Empl. Prac. Dec. (CCH) 37,373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patchogue-medford-congress-of-teachers-v-board-of-education-ny-1987.