District Drug Testing Policy
Drug-Testing Policies for Staff and Students
The Bell County Board of Education, after holding a public forum and posting policies on the internet for public review, approved staff and student drug/alcohol free policies at the regularly scheduled school board meeting May 17, 2005. These policies went into effect on July 1, 2005.
The policies impact students, certified staff, and support personnel. The policies have a great focus on prevention and education, but also have a drug screening component for staff in safety sensitive positions, for those applying for positions with the district, for employees who are requesting to transfer or be promoted, and for students (grades 7-12) who participate in extra-curricular activities or who drive on school property.
Non-employees who wish to work for the district in auxiliary pay positions, such as Coaches, Cheer-leading Sponsors, Science Olympiad Coaches, etc. are required to apply for these positions through the Superintendent/Central Office and to participate in criminal back ground checks and drug testing in the same manner as other applicants for employment.
All staff and student testing shall be conducted by Premier, a company with whom the school board has contracted. Random staff testing is done on site at the school or building and pre-employment/transfer/promotion testing is done at Total Care's lab in Pineville on Virginia Avenue. Employee testing results are maintained separately from the personnel files and considered highly confidential. Only the district Drug Testing Coordinator shall have these employee test results and they shall be shared with the Superintendent on a need to know basis.
You can view these policies by downloading the files below. Don't hesitate to contact us if you should have questions.
The sole purpose of devising these policies is to keep our students and staff safe and drug free.
Resource for Parents and Staff:
All employees shall receive the following notice as a partial implementation of Policies 03.13251/03.23251 and Federal Regulation 54 CFR 4946.
NOTICE TO ALL EMPLOYEES
YOU ARE HEREBY NOTIFIED that it is a violation of Policies 03.13251 and 03.23251 of this school District for any employee to unlawfully manufacture, distribute, dispense, be under the influence of, possess, or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance, as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 CFR 1300.11 through 1300.15.
“Workplace” is defined as the site for the performance of work done for the district. That includes any place where work on a school district program, project or activity is performed, including a school building or other school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.
YOU ARE FURTHER NOTIFIED that it is a condition of your continued employment with this District that you will comply with the above policies of the school District and will notify your supervisor of your conviction of any criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction.
An employee who violates the terms of the school District’s drug-free workplace policies may be nonrenewed or his/her employment may be suspended or terminated. As an alternative the Superintendent may choose that an employee who violates the terms of the school District’s drug-free workplace policies shall satisfactorily participate in a drug-abuse assistance or rehabilitation program approved by the Board. If the employee fails to satisfactorily participate in such program, the employee shall be nonrenewed or his/her employment may be suspended or terminated.
Drug/Alcohol Screening Program
The vendor with whom the Board contracts to perform drug and/or alcohol screening shall file with the Superintendent/Central Office designee its procedures for conducting the tests. Those procedures shall comply with corresponding Board policy and applicable federal, state, and local laws and shall include, but not be limited to, provisions addressing:
1. Employee privacy during the taking of samples,
2. Security of samples once taken, and
3. Protection of confidentiality throughout the testing process and in handling of testing results.
Only those persons in need-to-know positions, as designated by the Superintendent/designee, may have access to test results.
References: Crager vs. Board of Educ. Of Knott County, Ky. , 313 F. Supp. 2d 690 (E.D. Ky. 2004)
Review/Revised: 6/21/05
Effective Date: 7/10/05