drug testing policies & procedures jenkins ind. board presentation 1 st reading approval...

Drug Testing Policies & Procedures

Jenkins Ind. Board

Presentation

1st Reading Approval

Consideration

Personnel Policy Proposal

• Purpose

• Policy Goals & Objectives

• Prevention Program

all employees will be given notice for dangers of drug abuse, policy/procedures, drug abuse resources available, and penalties that may be imposed

Authorized Drugs• No violation for any employee with prescription

from a health professional

• No violation for any employee designated to administer to a student a prescription from a health professional

Illegal and/or Controlled Substances• Employees shall not manufacture, distribute,

dispense, be under the influence of, purchase, possess, use, or attempt to purchase or obtain in the workplace or in the performance of duties, alcohol or any narcotic drug, hallucinogenic drug, … as defined by federal regulation

Reasonable Suspicion

• Employee may be required to submit a breath, and/or urine sample for drug and alcohol testing

• Refusal to submit – insubordination charged

• Tests positive – violation and such may constitute grounds for suspension, non-renewal, and termination in accordance with Board policy and state law

Pre-employment

• All applicants being considered for employment positions shall be required to submit to a urinalysis test for the detection of illegal use of drugs, as part of the required post-offer, pre-employment physical

• Refusal or positive result will be cause for the job offer to be revoked

Employees

• The Board has established a random drug testing program for all safety-sensitive positions

• The number and frequency of the random tests shall be determined in cooperation with the Board’s testing lab (2 in the fall, 2 in the winter, 2 in the spring)

Promotion & Transfer Testing

• Employees who test positive shall no longer be considered an applicant for the position

• Such employees will be in violation of this policy and be subject to disciplinary action up to and including termination in accordance with Board policy and state law

Disciplinary Action

• Any employee who violates the terms of the District’s drug-free/alcohol-free policies may be suspended, non-renewed or terminated pursuant to KRS 161.790

• Violations may result in notification of the Education Professional Standards Board

Alternative

• Superintendent may choose for the employee at their own expense to satisfactorily participate in a Board-approved drug/alcohol abuse assistance or rehabilitation program

• If the employee fails to satisfactorily participate, the employee may be suspended, non-renewed, or terminated

• Voluntary referral is defined as being one that occurs prior to any positive test or prior to any other violation of this policy

• Employees are not subject to disciplinary action for the act of voluntary referral to rehabilitation

• Cost shall be borne by the employee and/or employee’s insurance provider

• Sick leave may be granted as well as leave without pay not to exceed one year

Rehabilitation

• After rehabilitation, employee will be required to agree to a reasonable follow-up test designated by the Superintendent.

• Superintendent may consult with the rehab program in determining an appropriate follow-up program

• Confirmed positive drug test will constitute grounds for disciplinary action up to and including termination in accordance with Board policy and state law

Return To Duty Testing

• Employee who has been reprimanded or disciplined for misconduct involving illegal use of controlled substances and/or alcohol, shall submit to random or periodic drug testing in accordance with applicable Kentucky Administrative Regulation for a period not to exceed 12 months from the date of such reprimand or disciplinary action

Post-Discipline Drug Testing

• Any employee convicted or any criminal drug statute involving illegal use of alcohol, illicit drugs, prescription drugs, or over-the counter drugs shall, within 5 working days after receiving notice of a conviction, provide notification of the conviction to the Superintendent

• Failure – Will lead to disciplinary action up to and including discharge

Notification By Employee

Testing Program

• Testing shall be accomplished by the analysis of urine specimen obtained from the participants

• In the event the school district has questions regarding an employee’s test result, the Superintendent/Designee will contact the employee to discuss the results.

(The above statement is from Personnel procedures – AP.3)

Substances Testing

• A listing of the substances to be tested from the participant’s urine specimen are listed on page 7 of 7 of the Personnel Policy: 03.13251

Notice To Participants

• All employees subject to testing under this policy will be provide a written copy of this policy

• The employee must read the policy, and sign a statement indicating that they have received, read, understand and fully agree to be bound by the terms, conditions, and procedures under the policy

How many districts have a drug testing policy?

Students Policy Proposal

• Reasonable Suspicion• Student subject to submit to a

breath,&/or urine test for drug and/or alcohol screening at District expense

• Refusal to submit to such a test, the student will be considered insubordinate and subject to disciplinary action as described in the student handbook/code of conduct

Students Defined

• Student Driver: any student driving to or parking on school property that has obtained a parking permit for during the school day

• Volunteer Pool: any other student for whom appropriate consent is obtained

Drug Screening Program Components

• Education and Prevention Plan

• Drug Testing Policy

• Administrators shall not use information obtained in the course of administering the policy for disciplinary purposes other than those set forth herein

Confidentiality

Education

• Attendance at educational seminars on alcohol and drug abuse is required for all student participants

• These seminars, one per semester, shall be open to attendance by the student participants and their parents/guardians and shall be presented by qualified substance abuse educators.

Testing Program

• Testing shall be accomplished by the analysis of urine specimen obtained from the student participants

• The specific testing process shall be on file at the testing laboratory approved by the JISD

• Six random tests will be performed (two per fall, winter, and spring) at times to be determined by the DTC and the testing agency

Substances Tested

• A listing of the substances to be tested from the participant’s urine specimen are listed on page 5 of 7 of the Students Policy: 09.423

Frequency

• Initial drug test will include all student drivers and 10% of the volunteer pool

• Subsequent drug testing will include any additional new student drivers, a random selection of 60% of all existing student drivers and a random selection of 10% of the volunteer pool

Interventions/Sanctions for Non-negative/Positive Test

• Student Drivers: If unconfirmed non-negative/positive result is reported on day of testing, the parent/guardian will be notified and the student will not be allowed to drive from the school property that day

• Confirmed Non-negative/Positive Results:

First Violation

• Denied permission to drive and/or park on school property for the next six consecutive weeks of school

• Child will be required to undergo a safety/risk assessment before being allowed to drive and/or park on school property

• District will provide info regarding options to drug counseling/treatment for the child that the parent/guardian may decide to explore or utilize at the parent or guardian’s expense

Second Violation

• Denied permission to drive and/or park on school property for the next 12 consecutive weeks of school

• Child required to undergo a safety/risk assessment before being allowed to drive and/or park on school property


Third Violation

• Denied permission to drive and/or park on school property for the next 24 consecutive weeks of school and will carry over to next school year if need be



Fourth Violation

• Denied permission to drive and/or park on school property for the remainder of his/her enrollment in the district



Volunteer Pool Violations

• Receive an assessment/evaluation for chemical dependency from the drug treatment counselor

• The district will provide options to drug counseling/treatment for the child that the parent/guardian may decide to choose

Notice To Participants

• All “students subject to testing under this policy” and their parents/guardians will be provide a written copy of this policy

• The above parties must read the policy, and sign a statement indicating that they have received, read, understand and fully agree to be bound by the terms, conditions, and procedures under the policy

Educate Adults and Students

• We will educate adults and students on the Drug Testing Policies implemented by the Jenkins Independent Board of Education.

• We will educate adults and students to recognize the signs and symptoms of drug use.

• We will educate on what to “look for” in the community.

WE Can ---and MUSTMake a Difference

in the Lives of Our Youth!

They are the future….

drug testing policies & procedures jenkins ind. board presentation 1 st reading approval...

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