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Random drug testing of teachers

Random drug testing of teachers
Source: National Law Journal Article

Educators are challenging new policies being adopted by school districts requiring them to submit to random drug tests for illegal drugs.

Pending cases include Jones v Graham County [North Carolina] Board of Education [COA 08-477]; American Federation of Teachers v Kanawah County [West Virginia] Board of Education [08-Misc 421]; and Hawaii State Teachers Association and Hawaii Labor Relations Board [08-1-2277-11].

New York?s Court of Appeals addressed this issue in Matter of Patchogue-Medford Congress of Teachers v Board of Education of the Patchogue-Medford Union Free School District, 70 NY2d 57.

Patchogue-Medford had adopted a policy requiring all probationary teachers to submit to a urine test for the purpose of detecting drug abuse as a condition to the probationary teacher being granted tenure.

The Court of Appeals invalidated the District?s plan, holding that a drug screening plan must be closely scrutinized and permitted only where: (1) the individual's privacy interests are minimal, (2) the government's interests are substantial, and (3) safeguards are in place to ensure that the individual's reasonable expectations of privacy are not subject to unregulated discretion.

Such tests were required by the district "at random" and without any "reasonable suspicion? that the probationers were using illegal drugs. The Court, in a unanimous decision, said "by restricting the government to reasonable searches, the state and federal constitutions recognize that there comes a point at which searches intended to serve the public interest, however effective, may themselves undermine the public's interest in maintaining the privacy, dignity and security of its members." Thus, according to the opinion, the district went too far in its efforts to secure a drug-free learning environment.

Also, the Appellate Division, First Department, in considering Patchogue-Medford, said that in the absence of a (Taylor Law) contract requirement that teachers submit themselves to such tests, a compulsory test for the presence of illegal drugs is a search within the meaning of the 4th Amendment. Compelling a teacher to submit to such a test without any reasonable suspicion that the individual is, or has been, using illegal drugs is unconstitutional.

Full post as published by New York Public Personnel Law on December 15, 2008 (boomark / email).