Pre-employment and random drug screening — Definitions

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  1. (a) As used in this section:

    1. (1) “Drug” means the same as defined in § 5-64-101;

    2. (2) “Drug screening” means a chemical test administered for the purpose of determining the presence or absence of a drug in an individual's blood, breath, or urine;

    3. (3) “Employee” means an individual who is currently employed at a public prekindergarten through grade twelve (preK-12) school district; and

    4. (4) “Positive drug screening result” means a finding of the presence of a drug in the sample tested during an individual's drug screening test.

  2. (b) A school district board of directors may implement a policy that requires one (1) or more of the following:

    1. (1) Pre-employment drug screening of an individual who applies for employment at a public school district; or

    2. (2) Random drug screening of current employees.

  3. (c) In the case of a positive drug screening result from a random drug screening of a current employee under this section, a school district may implement disciplinary actions that include without limitation the:

    1. (1) Immediate dismissal of the employee;

    2. (2) Requirement that the employee go on temporary leave; or

    3. (3) Requirement that the employee enter a drug treatment program.


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