Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
160.380,
161.175,
161.790,
218A.010(5)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
161.175 requires the Kentucky Board of
Education to promulgate an administrative regulation relating to drug testing
as a condition of retaining employment for certified employees determined to
have engaged in misconduct involving the illegal use of controlled substances.
This administrative regulation establishes criteria and procedures for drug
testing of a teacher disciplined and determined to have engaged in misconduct
involving the illegal use of controlled substances.
Section 1. Definitions.
(1) "Controlled substance" is defined by
KRS
218A.010(5).
(2) "Has been determined through an
administrative or judicial proceeding" means discipline for teacher misconduct
involving the illegal use of controlled substances for which there was a right
to request a hearing under
KRS
161.790; and
(a) For which the teacher did not timely
submit notice of intention to answer the charges;
(b) Which was the subject of a notice of
intention to answer the charges which the teacher withdrew; or
(c) Which is affirmed or left undisturbed in
whole or in part as a result of a final administrative or judicial order,
opinion, or judgment.
Section 2. Conditions of Drug Testing.
(1)
(a) A
teacher who has been determined through an administrative or judicial
proceeding to have engaged in conduct involving the illegal use of controlled
substances shall be subject to random and periodic drug testing at least three
(3) times within a period not to exceed twelve (12) months from the date of the
determination.
(b) A superintendent
shall determine the length of the drug testing period within the maximum time
permitted, except two (2) of the tests shall be within two (2) weeks of each
other.
(2) Testing
policies or practices shall provide for:
(a)
Reliability of test results;
(b)
Employee privacy during taking of samples;
(c) Security of samples; and
(d) Protection of confidentiality throughout
the testing process and in handling of results.
(3) This administrative regulation shall not
preclude or supplant other lawful employee drug testing policies or
procedures.
(4) A teacher subject
to drug testing under this administrative regulation shall be provided with a
copy of applicable board of education policies and shall be notified the
teacher shall be subject to drug testing as a condition of continued
employment.
(5) A teacher subject
to drug testing who refuses to complete any part of the drug testing process
shall be subject to disciplinary action under
KRS
161.175 and
161.790.
(6) A positive result may be grounds for
immediate reassignment of duties or disciplinary action including termination
under
KRS
161.175 and
161.790.
(7) Results of drug testing shall be:
(a) Confidential;
(b) Separate from the personnel file;
and
(c) Subject to release to third
parties only:
1. Upon written consent of the
individual;
2. Upon lawfully issued
administrative or court order or compulsory process (such as
subpoena);
3. As needed to address
work-related health or safety risks; or
4. To be used in administrative or court
action.
STATUTORY AUTHORITY:
KRS
156.070,
161.175
