It is the intent of the Board to provide a drug-free workplace. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or alcoholic beverage is prohibited in the workplace. Violations of this policy may result in disciplinary action, up to and including termination.

Pursuant to the Drug-Free Workplace Act of 1988 and Board Policy 4139.02, Violation of Local, State, or Federal Laws, employees shall abide by the terms of this policy and shall notify the Superintendent or his/her designee of any arrest or conviction under a criminal drug statute not later than forty-eight (48) hours after such arrest or conviction.

Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance and/or alcohol in the workplace. Violation of this prohibition shall result in appropriate disciplinary action up to and including termination and referral for prosecution. In job sensitive areas, such as transportation, illegal drug use or excessive alcohol use leading to criminal action may be the basis for discipline.

"Workplace" is defined as the site for the performance of work done in connection with employment. This includes any place where work for the Board is performed, including a school building or other school premises, any vehicle owned by the Board or a vehicle used to transport students to and from school or school activities, off school property during a school-sponsored activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the Board.

A copy of the Board's drug-free workplace policy will be provided to employees upon initial employment. Each employee will sign a statement to indicate receipt and understanding of the drug-free workplace policy and that statement will be retained in the employee's personnel file. The drug-free workplace policy may be posted at each worksite.

Pre-employment drug abuse screening examinations shall be required to prevent hiring individuals who use drugs or individuals whose use of drugs indicates a potential for impaired or unsafe job performance or for high risk positions such as bus drivers.

Employees in job classifications which require an annual physical will be required to submit to a drug screening as part of the annual physical.

As a condition of continued employment, current employees shall submit to drug screening when reasonable suspicion exists to believe that an employee is using a substance that is impairing the employee and/or his/her job performance. Reasonable suspicion is:

When a reasonable suspicion exists, the Superintendent's designee shall be contacted. The employee, if a member of a bargaining unit, shall be afforded the opportunity to have Alachua County Education Association (ACEA) representation. The employee will be provided an opportunity to explain his/her condition. The employee will be provided with information regarding available drug counseling, rehabilitation, assistance program, and leave options. One rehabilitation contract including drug testing may be agreed upon. Failure to participate in a treatment program following a positive drug screening will result in disciplinary action, up to and including termination. Due process will be followed.

All testing shall be conducted by a laboratory certified by the State of Florida as a medical and urine drug testing forensic laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in drug abuse and mental health administration of the U.S. Department of Health and Human Services. The laboratory shall be chosen jointly by the ACEA and the Board, if the employee is a member of the bargaining unit.

The procedures established by the laboratory shall be followed in administering drug tests to employees.

Refusal to submit to drug testing when reasonable suspicion exists may result in disciplinary action up to and including termination.

Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking assistance. Employees shall be subject to all employer rules, regulations, and job performance standards with the understanding that an employee enrolled in a rehabilitation program is receiving treatment for an illness.

Employees who return to work after completion of a rehabilitation program shall be subject to follow-up drug testing with no advance notice. Any employee who refuses the drug test or subsequently tests positive may be disciplined up to and including termination.

Random testing of employees shall not be conducted.

All drug testing, with the exception of employee requested tests, shall be at the expense of the Board.

Drug testing results will be treated in a confidential manner. Written notification of Board employees who are in grant-funded positions and who are convicted of drug violations, will be made to Director, Grant and Contracts Service, U.S. Department of Education, 400 Maryland Avenue, SW (Room 3124, GSA Regional Office Building No. 3), Washington, D.C. 20202-4605.

Employees who hold a CDL license will be governed by Policy 4162, Drug and Alcohol Testing of CDL License Holders and Other Employees who Perform Safety Sensitive Functions.

F.S. 440.101, 440.102
34 C.F.R. Parts 85, 86, 104
Drug-Free Schools and Communities Act of 1986
20 U.S.C. 3171 et seq.
Vocational Rehabilitation Act of 1973
29 U.S.C. 705(20), 794, 794a
34 C.F.R. 34-86.201
20 U.S.C. 86-201
20 U.S.C. 701-706 Rehabilitative Act 1973
20 U.S.C. Omnibus Transportation Testing Act of 1991
20 U.S.C. 3224A
41 U.S.C. 701 et seq., Drug-Free Workplace Act of 1988

Adopted 7/17/07
Revised 5/3/11