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.