15-513. Transportation employees; chemical
abuse education; drug tests; costs; termination from employment;
appeal; definition
A. Beginning on January 1, 1991, a transportation employee shall submit to drug and
alcohol testing if the supervisor of the employee, or the supervisor's designee, has
probable cause that the employee's job performance has been impaired by the use of
alcohol or a drug in violation of title 13, chapter 34. Probable cause shall be based on
observance of the employee by district personnel or personnel of a contracting person or
entity which furnishes transportation services to the school district and shall be
documented by an affidavit signed by the person who has observed the behavior and the
supervisor of the employee or the supervisor's designee.
B. A transportation employee shall submit to drug and alcohol testing after an
accident involving a vehicle used to transport pupils or an accident involving equipment
used in the performance of the employee's duties if the supervisor of the employee, or
the supervisor's designee, has probable cause, based on knowledge of the events and
circumstances of the accident, that the employee's involvement in the accident was
influenced by the use of alcohol or a drug in violation of title 13, chapter
34. Probable cause shall be documented by an affidavit signed by the supervisor of the
employee, or the supervisor's designee.
C. School districts shall develop procedures for drug and alcohol testing of
transportation employees as provided in the section.
D. The school district shall assume the costs of the drug and alcohol testing of a
transportation employee. If the results of a test are positive, the school district may
charge the costs of the test to the tested employee. The costs charged to the employee
are limited to the actual costs incurred as a result of testing. If the results of a
test are negative, the school district shall not charge the costs of testing to the
tested employee.
E. A transportation employee who refuses to submit to drug and alcohol testing or
whose test results are positive may be terminated from employment. School districts
shall develop a procedure for an employee to appeal the test findings before termination
of the employee.
F. An employee who is terminated or otherwise disciplined under this section shall
be entitled to all appeal and review rights the employee would have as a district
employee or by contract with another person or entity which furnishes transportation
services to the school district.
G. For purposes of this section, "transportation employee" means an individual who
is employed by the school district, or by another person or entity which furnishes
transportation services to the school district, as the driver of a vehicle used to
transport pupils, as a person involved in the maintenance and service of vehicles used to
transport pupils, as a person involved in the dispatching or supervision of persons
employed as drivers of vehicles used to transport pupils or persons involved in the
maintenance and service of vehicles used to transport pupils.
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