Senate Bill No. 197
(By Senators Sypolt and Jenkins)
[Introduced January 18, 2011; referred to the Committee on Education; and then to the Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-39, relating to requiring the State Board of Education to create a school drug safety program; specifying minimum requirements for the program; and applying the drug safety program only to employees hired after June 30, 2011.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2-39, to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-39. School drug safety program.
(a) The Legislature recognizes that the safety issues which face schools are constantly changing. The Legislature finds the safety of school children should be a priority of the state. The Legislature further finds that all employees of a county board of education who are employed in a school are employed in safety sensitive positions and that the use of illegal drugs by these employees could endanger the lives and safety of school children. (b) (1) The state board shall create a school drug safety program which shall include drug testing of all individuals prior to hiring, transferring or promoting to positions within a school. The program shall also include random drug testing of all individuals employed in a school.
(2) The program shall include, at a minimum, provisions:
(A) Prohibiting employees of county boards of education from manufacturing, distributing, dispensing, being under the influence of, purchasing, possessing, using or attempting to purchase or obtain in the workplace or in the performance of duties, alcohol or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in chapter sixty-a of this code;
(B) Providing that employees who personally use or who are designated to administer to a student a drug authorized by and administered in accordance with a prescription from a health professional are not violating the program;
(C) Requiring, prior to hiring, promoting or transferring an individual into an employment position in a school, the individual to submit to a urinalysis test for the purpose of detecting illegal use of drugs;
(D) Requiring all individuals employed in a school when the program takes effect, to take the initial drug testing required for preemployment;
(E) Establishing a random drug testing program for all individuals employed in a school;
(F) Providing a process to reasonably ensure employee privacy during the taking of samples, security of samples once obtained and designation of laboratory services that are accurate and reliable;
(G) Requiring that appropriate measures are taken to protect confidentiality throughout the testing process and in the handling of test results;
(H) Restricting access to drug testing results on a need-to-know basis to those persons in positions designated by the county superintendent;
(I) Providing that each county board of education will be responsible for the cost of all testing required under the program; and
(J) Specifying disciplinary actions for those found in violation of the program.
(c) As used in this section “individuals employed in a school” include all employees of a county board who may have contact with students as a part of their job responsibilities and all other persons who are permitted by a school or a county board to have contact with students either on or off of school property, including, but not limited to, field trips and athletic events.
(d) This section shall apply only to those employees hired after June 30, 2011.
NOTE: The purpose of this bill is to require the State Board of Education to create a school drug safety program. The bill would require the program to include drug testing of individuals prior to being hired, transferred or promoted to positions within a school and include random drug testing of all individuals employed in a school. The bill only applies to new employees hired after June 30, 2011.
This section is new; therefore, strike-throughs and underscoring have been omitted.