SECTION I - General

A.  Statement of Intent 

The unique and important role that teachers and other schools officials play in the lives of school children and the in loco parentis obligations this imposes upon them make it imperative for the School Board to ensure that no one in these positions is engaged in the use of illegal drugs or the abuse of legally-prescribed drugs or alcohol.  To meet these demands, the Board institutes this policy.

B.  Safety-Sensitive Positions

For the purposes of this policy, safety-sensitive positions are defined as follows:

1. School bus drivers, bus aides or monitors, and all Transportation Department administrative personnel.
2. District security personnel.
3. All personnel whose duties require a Commercial Driver’s License (CDL) or require operation of a District vehicle or other motorized wheeled equipment.
4. School nurses.

SECTION II - Prohibitions

A.  Illegal Drugs

1. Employees are prohibited from manufacturing, consuming, possessing, distributing, purchasing or selling or otherwise transferring any illegal drug or controlled substance while on the job, while on District property, while operating District equipment or vehicles, or while operating any other equipment or vehicles on District business.  
2. “Illegal drug or controlled substance” means any drug or substance the law prohibits individuals from manufacturing, consuming, possessing, distributing, purchasing or selling or otherwise transferring, including, without limitation, marijuana and cocaine, as well as drugs listed as controlled substances under the Controlled Substances Act, 21 U.S.C. 812, or as defined by O.C.G.A. 20-2-1120.
3. No employee shall work, be on District property, operate District equipment or vehicles, or operate any other equipment or vehicles on District business while impaired due to the influence of any illegal drug or controlled substance. An employee is impaired due to the influence of an illegal drug or controlled substance if drug test results indicate the presence of an illegal drug or controlled substance in the employee’s system in an amount that constitutes a positive test result under accepted scientific standards.
4. Any illegal drug or illegal alcohol use, including arrest relating to such illegal drug or alcohol use, while off duty is a violation of this Policy.  An employee shall notify the Superintendent in writing of any criminal drug or alcohol arrest and/or conviction no later than five (5) calendar days after such arrest or conviction.  In the event of conviction or other clear evidence of guilt, the Superintendent shall, within 30 days of notification of such conviction or other evidence, take appropriate personnel action against such employee, up to and including termination. 

B.  Legally Obtained Drugs

1. Employees are prohibited from working, being on District property, operating District equipment or vehicles, or operating any other equipment or vehicles on District business while impaired due to any legally prescribed or over the counter obtained drug that renders the employee unfit for duty.  An employee is “unfit for duty” if, in the District’s opinion, the employee’s use of legally obtained drugs jeopardizes the employee’s ability to work safely or efficiently.  An employee who is using legally obtained drugs must notify the employee’s immediate supervisor of any and all side effects that may render the employee unfit for duty.  If an employee’s medically required use of legally obtained drugs renders the employee unfit for duty and, in the opinion of the District, a temporary alternative job assignment is not available, the employee will be considered as an employee unfit for duty due to illness and will be placed on sick leave or leave without pay, in compliance with the Family & Medical Leave Act (FMLA), if applicable.
2. Employees using prescription medication while on the job shall do so in strict accordance with medical directions.  It is the employee’s responsibility to notify the prescribing physician of the duties required by the employee’s position and to insure the physician approves the use of the prescription medication while the employee is performing the employee’s duties.
3. The abuse or inappropriate use of legally prescribed drugs during assigned work hours is prohibited.  Job performance or attendance deficiencies resulting from abuse or inappropriate use shall be cause for disciplinary action.  If an employee’s behavior or job performance gives rise to a reasonable suspicion that the employee is abusing or inappropriately using prescription medication, the employee is required to submit to drug testing and to take any accrued sick or annual leave or leave without pay until such time as the employee is cleared to return to work by the employee’s physician and the Superintendent, if and to the extent permitted under the Americans with Disabilities Act (ADA) and the FMLA.

C.  Alcohol

1. Employees are prohibited from using, consuming, possessing, distributing, purchasing, selling or otherwise transferring alcoholic beverages while on the job, while on District property, while operating District equipment  or vehicles or while operating any other equipment or vehicles on District business.
2. Employees are prohibited from being at work or on District property or operating any equipment or vehicles on District business while under the influence of alcohol.  In addition, employees are prohibited from consuming alcohol during the workday.  Reasonable suspicion to believe that an employee is under the influence of alcohol exists if the employee’s conduct, appearance, speech, odor, statements, or behavior give reasonable cause to believe the employee is under the influence of alcohol.  An employee under reasonable suspicion of being under the influence of alcohol may be referred for testing.  If test results are positive, the employee will be considered to be under the influence of alcohol for purposes of this policy.  
3. Off duty job use of alcohol that the District reasonably believes (a) adversely affects job performance or attendance; (b) jeopardizes the safety or welfare of the employee or fellow employees; (c) jeopardizes the safety, health or welfare of persons covered by the District’s insurance programs; or (d) risks damage to District or other property is also a violation of this Policy.

D.  Penalty for Violation of the Policy

Based on the evidence available during investigation and upon the conclusion of the District that an employee has violated any provision of this Policy, the employee shall be subject to discipline, up to and including termination.

SECTION III - PRE EMPLOYMENT DRUG AND ALCOHOL TESTING 

A.  Drug Screening

1. To further the goal of providing a drug free workplace and protecting the health, safety and welfare of the students, employees, citizens, and general public, all job applicants for safety-sensitive position as defined in Section IB of this Policy, and to whom an offer of employment has been made, shall be required to pass a drug screening test prior to beginning employment.  Final approval of the applicant by the Board is contingent upon passing the test.  All job applicants will be informed when they apply for a job (a) that a drug screening test shall be required and (b) that they may withdraw their application if they do not wish to submit to the test.  A candidate for employment shall not be allowed to start working until the drug test results have been reviewed and determined to be negative. 

B.  Confidentiality of Test Results

The results of all pre-employment drug screening tests shall be confidential and strictly limited to those with a specific need-to-know.

C.  Positive Test Results

An applicant who has an initial screening positive test result for an illegal drug or controlled substance will not be hired and will not be eligible for any subsequent employment for a period of six months.

D.  Consent

An applicant who refuses to consent to the test will not be hired.

SECTION IV - TESTING FOR EMPLOYEES

A.  Testing Requirement

To ensure the success of this Drug and Alcohol Policy, the District may require employees to undergo urinalysis and/or other medical drug and alcohol detection procedures under the circumstances described below.  All required medical tests, all procedures in connection therewith, the interpretation thereof and the determination of positive results will be conducted in accordance with medically and scientifically recognized drug and alcohol testing procedures, at the District’s expense.

B.  Random Testing

Personnel assigned to the safety-sensitive positions as defined in Section IB shall be subject to random, unannounced testing for evidence of use of illegal drugs as prescribed by O.C.G.A. 20-2-1121 and in accordance with medically and scientifically recognized drug and alcohol testing procedures.

C.  Reasonable Suspicion Testing

1. All employees, whether or not in safety-sensitive positions, shall be subject to reasonable suspicion testing as set forth in this section.
2. Testing will be required when a supervisor reasonably suspects an employee is impaired or unfit for duty due to illegal drugs, controlled substances, legally obtained drugs or alcohol.  Testing based on a reasonable belief an employee is using or has used drugs or alcohol in violation of this Policy may be drawn from specific objective and documented facts, together with reasonable inferences drawn from those facts, and may be based upon, among other things:
   1. Observable phenomena, such as direct observation of possession, transfer or use of such drugs, controlled substances, or alcohol, or the physical symptoms of being impaired or unfit for duty due to any of same;
   2. Abnormal conduct or erratic or unusual behavior while at work including, but not limited to: slurred speech, staggered gait, flushed face, dilated or pinpoint pupils, deterioration of work performance including absenteeism and tardiness; or a report of alcohol or drug use during assigned working hours provided by reliable and credible sources;
   3. Admission of conduct which creates a reasonable suspicion of possession or use of drugs or alcohol in violation of this Policy. 
3. Each employee is subject to, but not entitled to, drug or alcohol testing whenever the District reasonably suspects the employee uses illegal drugs or controlled substances, abuses legally obtained drugs, or abuses alcohol.
4. An employee who is tested pursuant to this section will be suspended and may take any accrued sick or annual leave or leave without pay pending the test outcome.  If the test is negative, the employee will be allowed to return to work unless the suspension was imposed for additional reasons unrelated to this policy.  

D. Post-Accident Testing

All employees, whether or not in safety-sensitive positions, who are involved in a work-related accident or incident which requires medical attention, involves personal injury, or involves property damage will be tested promptly for drug and alcohol use in accordance with District policies.  Any employee involved in a motor vehicle accident while driving a District vehicle shall be tested for drugs and alcohol.  This section shall also apply to any employee involved in a motor vehicle accident while driving a private vehicle on District business.

SECTION V-TESTING GUIDELINES

A.  Confidentiality of Test Results 

All information from an employee’s or job applicant’s drug and alcohol test shall be confidential and only available to those who have a valid need to know.  Disclosure of test results to any other person, agency, or organization shall be prohibited unless written authorization is obtained from the employee or job applicant or required by court order, subpoena or other compulsory process.  The results of a drug or alcohol test shall not be released until the results are confirmed.  These confidentiality provisions are subject to and may be superseded by the requirements of the Georgia Open Meetings Act, Georgia Open Records Act, and other state or federal laws or regulations.

B.  Drugs for Which Employees Will Be Tested

1. The drugs to be tested for include, but are not limited to, the following:

                Marijuana                        Amphetamines

                Sedatives                        Benzadiazipines

                Opiates/Narcotics          Hallucinogens

                Stimulants                       Cocaine

C.  Consent

Before a test is administered, employees and job applicants will be asked to sign a consent form authorizing the test and permitting release of test results to the employer and the medical review officials.  The consent form shall provide a space for employees and job applicants to acknowledge they have been notified of the requirements of this policy.

D.  Refusal to Consent

E.  Failure to Cooperate

Any employee who (1) fails to cooperate with a District investigation into possible violations of this policy or (2) refuses to take a drug or alcohol test will be subject to termination.

F.  Right to Contest

Any job applicant or employee receiving confirmation of a positive confirmed test result may contest or explain the result to the employer within five working days after notification of the positive test result.

SECTION VI - SEARCHES

When an administrator/supervisor reasonably suspects, as outlined in Section 4 of this policy, that an employee is impaired or unfit for duty due to an illegal drug, controlled substance, or alcohol, or that an employee is manufacturing, dispensing, using, consuming, possessing, distributing, purchasing or selling or otherwise transferring any illegal drug, controlled substance or alcohol while on the job, on District property, operating District equipment or vehicles or operating any other equipment or vehicles on District business, the District shall have the right to conduct reasonable searches of the employee’s work area and the employee’s clothing and personal items, including without limitation a briefcase, purse, lunch box, and motor vehicle.  Prior to conducting a search pursuant to this paragraph, the District will explain to the employee the reasons and grounds for the search and request the employee’s consent to the search.  Searches will be conducted in a manner that minimizes any intrusions into the employee’s privacy.  No search will be conducted if the employee refuses to consent to the search, but the employee’s refusal to cooperate with search efforts may subject the employee to discipline up to and including discharge.  If a search uncovers evidence of employee wrongdoing, illegal activity, or employee violations of District rules or policies, such evidence may be used to support disciplinary action up to and including discharge.  In cases involving suspected illegal activities, the evidence may be turned over to the proper legal authorities.

To ensure the safety and security of District premises, including vehicles and parking lots, all District premises are subject to search at any time, with or without notice.  This includes, but is not limited to, work areas, storage areas, classrooms, offices, desks, lockers, break rooms, computers, District-owned vehicles, and employees’ personal vehicles when they are parked on District premises.  Video surveillance of District premises may also be conducted at any time, with or without notice, as an additional measure of ensuring facility security.

SECTION VII - DISCIPLINARY AND TERMINATION POLICY

A.  Notice

If a specimen is confirmed positive, the employee will be informed of the results by the employee's supervisor.

B.  Disciplinary Policy

a) Any school bus driver found to have used an illegal drug or who refuses to participate in required drug testing shall be terminated as required by O.C.G.A. 20-2-1122.

b) Any school bus driver found to have measurable alcohol in his/her system during duty hours shall be terminated. 

c) Grounds for Consideration of Termination of Other Employees

The following reasons shall be grounds for the Superintendent to terminate (classified) or to recommend immediate termination (certificated) of other personnel:

a) A confirmed positive test for drugs or alcohol;

b) Manufacturing, dispensing, using, consuming, possessing, distributing, purchasing or selling or otherwise transferring any illegal drug or controlled substances while on the job, on District property, operating District equipment or vehicles or operating any other equipment or vehicles on District business;

c) Operating a District vehicle or motorized equipment while unfit for duty due to the use of drugs or alcohol;

d) Conviction for violation of drug laws;

e) Refusing to consent to or to take a drug or alcohol test pursuant to this policy;

f) Failure to appear at the designated collection site to take the test when so directed;

g) Failure to cooperate with a District investigation into possible violations of this policy.

 5. Additional Factors to be Considered

Additional factors may be reviewed to determine disciplinary action for violations of this policy.  These factors include, but are not limited to:

a) The higher standard to which certain District personnel are held such as those in leadership, teaching, security, and safety-sensitive positions;

b) Prior incidents of drug or alcohol abuse;

c) Prior disciplinary actions;

d) Performance; and

e) Any other indicator which may call into question the employer’s ability to perform his/her duties.

6. Voluntary Admissions

An employee with a drug or alcohol abuse problem may voluntarily report such to his or her supervisor.  For purposes of this section, a voluntary admission is one made by the employee prior to actual or constructive notice that he or she is, or may in the immediate future be, asked or required to undergo a random, post-accident, or reasonable suspicion drug and alcohol test.  If an employee makes a voluntary admission of drug or alcohol abuse pursuant hereto, he or she may be transferred to another position of employment within the District under the following conditions:

a) The position must not be one classified as safety sensitive; must not require operation of equipment, machinery, or motor vehicles; and must not require direct contact with students.

b) The position must be one that is in existence and vacant at the time of the voluntary admission.  A position will not be created for the employee.

c) The employee must, at his or her own expense, immediately enter into evaluation and treatment with a substance abuse professional (“SAP”) in accordance with the terms and conditions prescribed under 49 CFR Part 40, which terms and conditions are incorporated herein by reference.  The employee must comply with the prescribed treatment plan and shall provide evidence of same upon request.  Any follow-up treatment, aftercare, support group services, monitoring or testing (“follow-up services”) recommended by the SAP will be at the employee’s expense.  The District may condition the employee’s return to work in any capacity on the employee’s compliance with the follow-up services.  The provisions of this section shall control over any conflicting provisions contained in 49 CFR Part 40. 

d) The employee must, prior to transfer, present written certification from the SAP that he or she is capable of performing the duties of the proposed new position.

e) The employee shall submit to drug and alcohol testing upon request.  Failure to so submit, or a confirmed positive test, shall result in immediate dismissal.

f) Failure to comply with any of the terms and conditions hereunder, including but not limited to failure to seek or make adequate progress in evaluation and treatment, or failure to provide evidence of same upon request, shall constitute grounds for immediate dismissal.

SECTION VIII – NOTIFICATION

SECTION IX – CONFLICTS

To the extent that any provision of this policy is superseded by any provision of state or federal law, rule, or regulation, including but not limited to the Georgia Drug-Free Public Work Force Act, the provision of state or federal law, rule, or regulation shall control. Any Employee who tests positive for alcohol shall be considered to be in violation of this Policy which shall subject the employee to disciplinary action, including termination.

1. Job Applicants: Any applicant for a job with Walton County School District who refuses to consent to a drug test shall be denied employment.
2. Employees:  Any employee who refuses to consent to submit to a drug and alcohol test as required herein shall be subject to termination.  Employees who fail to appear at the designated collection site to take the test when so directed shall also be subject to termination.

Any employee who has tested positive for drugs or alcohol shall be immediately suspended pending final disciplinary action.

1. Each employee shall be given a copy of this policy annually, by electronic or other means. 
2. Each new employee shall be given a copy of this policy at the time of employee intake.