PATCHOGUE-MEDFORD v. BD EDUC.


119 A.D.2d 35 (1986)

In the Matter of Patchogue-Medford Congress of Teachers, Respondent, v. Board of Education of the Patchogue-Medford Union Free School District et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 11, 1986


Attorney(s) appearing for the Case

Cooper, Englander & Sapir, P. C. (Robert E. Sapir and David M. Cohen of counsel), for appellants.

Kaplowitz, Galinson & Johnson (Daniel Galinson of counsel), for respondent.

Richard Emery for New York Civil Liberties Union, amicus curiae.

James R. Sandner (Janis Levart Barquist, John H. Jurgens and Katherine A. Levine of counsel), for New York State United Teachers, amicus curiae.

MOLLEN, P. J., WEINSTEIN and SPATT, JJ., concur.


RUBIN, J.

The question presented is whether, absent a contract requirement, certain probationary teachers represented by the petitioner may be compelled, as a condition of receiving tenure, to submit themselves to investigatory urine tests to detect the use of controlled substances, even though there is no indication that any one of such teachers uses, or ever has used, illegal drugs. We conclude that such compulsory...

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