NORTH PENN SCHOOL DISTRICT Administrative Regulations 4314(a) PERSONNEL Reference: Board Policy #4314 Professional and Support Staff Drug and Substance Abuse Board Policy #4314 states the school district will provide a drug-free awareness program and inform employees of the availability of drug counseling and rehabilitation. The superintendent will delegate responsibility to the manager of human resources. Employees will be provided with the following information: • the dangers of drug abuse in the workplace; • the school district's policy of maintaining a drug-free workplace; • the availability of drug counseling, drug rehabilitation, and employee assistance programs; • the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. The following definitions are pertinent to this subject: 1. Controlled Substances – include, but are not limited to, all substances so defined, classified or listed by the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, 35 P.S. §780-101 et. seq. (P.L. 23, No. 64, April 14, 1972), Section 102 (6) of the Federal Controlled Substance Act (21 U.S.C. §802(6), and such laws or regulations published by the Pennsylvania and Federal Departments of Transportation. Controlled substances include but are not limited to any narcotics, depressants, stimulants, hallucinogens, cannabis (marijuana and hashish), inhalants, steroids, look-alike drugs, and other substances commonly known as “designer drugs” that can alter the mood, perception, pain level, judgement, or the ability of the employee to perform their duties in a safe and efficient manner. Further specific examples include: a. b. c. d. e. f. Opiates - e.g., heroin, morphine, codeine, methadone Cocaine Cannabinoids - e.g., marijuana, hashish Amphetamines Barbiturates Hallucinogens - e.g., Phenocyclidine (PCP), Methaqualone (Quaalude), Peyote, Lysergic Acid Diethylamide (LSD) g. Benzodiazpines - e.g., Valium, Librium Also encompassed by this definition are substances not sold as drugs or medicines, but used for mind-behavior/altering effect. 2. Conviction - finding of guilt (including a plea of nolo contenders) or imposition of sentence or both by any judicial body charged with the responsibility to determine violations of Federal or State Criminal Drug Statutes. CONTINUED ADM. REG. 4314 12/11/08 srk 4314(b) 3. Drug-Free Workplace - any site for the performance of work on behalf of the school district upon which employees are prohibited from engaging in the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance. 4. School District Workplace – any place where school district work is performed, including but not limited to, school buildings or other school district facilities or premises; school districtowned or school district-approved vehicles used to transport students to and from school or school activities or to otherwise sponsored or school-approved event, activity or function (such as a field trip or athletic event), anywhere students are under school district supervision or jurisdiction; or anywhere an employee is supervising students on behalf of the school district business. ATTACHMENT Reviewed: May 1991 Revised: December 11, 2008 ADM. REG. 4314 12/11/08 srk 4314(c) EXHIBIT Sample Notice to Employees YOU ARE HEREBY NOTIFIED that it is a violation of board policy for any employees at a school district workplace to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, drug or controlled substance. A copy of the School District’s Drug-Free Workplace Policy (Board Policy #4314) and related administrative regulations is attached for your review. For purposes of the policy, “School District Workplace” is defined as any place where school district work is performed. In addition, “Controlled Substances” include, but are not limited to, all substances so defined, classified or listed as such under state and federal law. As a condition of your continued employment with the school district, you must comply with Board Policy #4314 and the applicable regulations. Your failure to do so will be grounds for discipline including termination. In addition, pursuant to the Public School Code, any employee of the school district who is convicted of delivery, or possession of a controlled substance with the intent to deliver, as prohibited by the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, shall be terminated from his or her employment with the school district. In addition, any person who, while employed by the school district, is convicted of any of the offenses designated as a felony under the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act or an out-ofstate or federal offense similar in nature to the crimes so listed, shall be immediately terminated. If at any time you are convicted of a violation of any drug or alcohol related criminal statute, you must notify your supervisor of this conviction no later than five days after such conviction. The school district shall make available drug counseling, drug rehabilitation and employee assistance programs to employees who seek such assistance as stated in Board Policy #4314. If you have questions related to such assistance, please contact the manager of human resources. Pursuant to sections 1612 and 1613 of the Pennsylvania Vehicle Code, school district bus drivers shall be subject to a drug and alcohol testing program as required by the Pennsylvania Vehicle Code and the applicable Federal Statutes and Regulations (Board Policy #4271). ADM. REG. 4314 12/11/08 srk