The Governing Board maintains a drug- and alcohol-free workplace. In accordance with law, all employees shall render service without using, possessing, being impaired by, or being under the influence of alcohol or drugs.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 4020 - Drug and Alcohol-Free Workplace)
(cf. 4030 - Nondiscrimination in Employment)
(cf. 4032 - Reasonable Accommodation)
(cf. 4112.42/4212.42/4312.42 - Drug and Alcohol Testing for School Bus Drivers)
(cf. 5131.61 - Drug Testing)
Pre-Employment Drug/Alcohol Testing for Safety-Sensitive Positions
Because students and staff have the right to a safe and secure campus where they are free from physical and psychological harm, the Board authorizes the testing of prospective employees in safety-sensitive positions for drug and alcohol use. The following positions are safety-sensitive and are subject to the district's program:
Position Safety-Sensitive Duties Include:
Management positions (all) Supervision of students and staff
Certificated Employees Supervision of students
Administrative School Secretary Works directly with students, administers first aide
AVID Tutor Works directly with students
Bilingual Counseling Assistant/Custodian Works directly with students
Bilingual Speech-Language Technician Works directly with students
Bus Driver Drives school buses and supervises students
Bus Driver/Custodian Drives school buses, supervises students
Bus Driver/Groundskeeper Drives District vehicle and uses power equipment
Campus Supervisor Supervises students
Certified Speech Language
Pathologist Assistant Works directly with students
Classroom Assistant Works directly with students
Classroom Assistant-Bilingual Works directly with students
Custodian Utilizes power equipment and chemicals
Custodian Delivery Driver Uses District vehicle, power equipment, chemicals
Driver trainer Drives school buses
Early Childhood Education Clerk/
Healthcare Technician Administers first aide and medication to students
Healthcare Specialist Administers first aide and medication to students
Healthcare Technician Administers first aide and medication to students
Inventory Keeper/Delivery Driver Uses District vehicle
Lead Groundskeeper Uses District vehicle, power equipment, chemicals
Lead Maintenance Services Technician Uses District vehicle, power equipment, chemicals
Lead Mechanic Maintains school buses and district vehicles
Maintenance Services Technician Uses District vehicle, power equipment, chemicals
Mechanic III Maintains school buses and district vehicles
Mentoring Assistant Works directly with students
Migrant Community Support
Services Assistant Works directly with students
Night Custodian Utilizes power equipment and chemicals
Permit Preschool Teacher/Lead Supervises and works directly with students
Permit Preschool Teacher Supervises and works directly with students
Physical Education Assistant Supervises and works directly with students
Safety Monitor Supervises and assists students
School Clerk Works directly with students, administers first aide
School Clerk-Bilingual Works directly with students, administers first aide
School Library Technician Works directly with students
School/Community Support
Services Assistant Works directly with students
Security Guard Supervises school facilities and responds to crises
Special Education Program Assistant Works directly with students
Special Education Program Assistant-Bil Works directly with students
Special Education Transportation
Services Assistant Supervises and assists students
Summer School Secretary Works directly with students and responds to crises
Systems Support Technician Drives a vehicle during work hours
Transportation Technician Drives a vehicle during work hours
Once a conditional offer of employment has been made, prospective employees in these identified positions shall undergo a pre-employment drug and alcohol screening for any substance which could impair their ability to safely and effectively perform their job functions. This screening shall be part of the employee's pre-employment physical examination.
Final selection of a job applicant for a position shall not be made until the applicant has successfully completed the screening.
All testing and medical examinations shall be conducted in accordance with state and federal law, Board policy, and administrative regulation.
(cf. 4112.4/4212.4/4312.4 - Health Examinations)
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
Legal Reference:
EDUCATION CODE
44011 Controlled substance offense
44455 Conviction for controlled substance offenses as grounds for revocation of credential
44836 Employment of certificated persons convicted of controlled substance offenses
44940 Compulsory leave of absence for certificated persons
44940.5 Procedures when employees are placed on compulsory leave of absence
45123 Employment after conviction for controlled substance offense
45304 Compulsory leave of absence for classified persons
44839 Medical certificate; periodic medical examination
45122 Physical examinations
GOVERNMENT CODE
12940 Unlawful employment practices
CODE OF REGULATIONS, TITLE 5
5504 Medical certification procedures
CALIFORNIA CONSTITUTION
Article 1, Section 28(c) Right to Safe Schools
UNITED STATES CODE, TITLE 20
7101-7184 Safe and Drug-Free Schools and Communities Act
UNITED STATES CODE, TITLE 41
701-707 Drug-Free Workplace Act
COURT DECISIONS
Lanier v. City of Woodburn, (2008, 9th Circuit) 518 F.3d 1147
Knox County Education Association v. Knox County Board of Education, (1998, 6th Circuit) 158 F.3d 361
Loder v. City of Glendale, (1997) 14 Cal. 4th 846
Vernonia School District 47J v. Acton, (1995) 115 S.Ct. 2386
International Brotherhood of Teamsters v. Department of Transportation, (1991) 932 F.2d 1292
Skinner v. Railway Labor Executives' Assn, (1989) 489 U.S. 602
National Treasury Employees Union v. Von Raab, (1989) 489 U.S. 456
Policy FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT
adopted: September 6, 2011 Fallbrook, California