Session of 1999
By Representative Weber

  9             AN  ACT concerning drug testing of school employees.
11       Be it enacted by the Legislature of the State of Kansas:
12             Section  1. (a) Each school board shall establish and implement a
13       drug screening program for its employees. The drug screening program
14       shall be conducted on a random basis. Each school board employee shall
15       be tested at least once every thirty-six month period. The first thirty-six
16       month period shall commence on July 1 following the effective date of
17       this act.
18             (b) No applicant for employment by the school board shall be re-
19       quired to submit to a test as part of the program established in subsection
20       (a) unless the applicant is first given a conditional job offer.
21             (c) Any public announcement or advertisement soliciting applications
22       for employment with the school board shall include a statement of the
23       requirements of the drug screening program for employees and appli-
24       cants established under subsection (a).
25             (d) No person shall be terminated solely due to positive results of a
26       test administered as a part of a program authorized by this section if: (1)
27       The employee has not previously had a valid positive test result; and (2)
28       the employee undergoes a drug evaluation and successfully completes
29       any education or treatment program recommended as a result of the
30       evaluation. Whether or not any drug education or drug treatment pro-
31       gram is made available shall be solely in the discretion of the school board.
32             (e) The results of any test administered as a part of a drug screening
33       program authorized by this section shall be confidential and shall not be
34       disclosed publicly.
35             (f) For the purposes of this section, "school board" means the board
36       of education of any school district maintaining any of grades one through
37       12.
38        Sec.  2. This act shall take effect and be in force from and after its
39       publication in the statute book.