Burbank USD | BP 4212.41 Personnel
Employee Drug Testing
The Board of Education maintains a drug and alcohol-free workplace. In accordance with law, all employees shall render service without using, possessing, being impaired by or being under the influence of alcohol or drugs.
(cf. 4020 - Drug and Alcohol-Free Workplace)
(cf. 4112.42/4212.42/4312.42 - Drug and Alcohol Testing for School Bus Drivers)
Pre-Employment Drug Testing
Because students and staff have the right to a safe and secure campus where they are free from physical and psychological harm, the Board authorizes the testing of prospective employees in safety-sensitive positions for drug and alcohol use.
The District has identified specific classified job descriptions that require the employee to posses a valid driver's license as a condition of employment. These employees are subject to drug testing as part of the pre-employment hiring process. The classified positions requiring drug testing are not limited to those positions found in AR4112.41, AR4212.41, and AR4312.41. The District will modify these classified position as job description are altered.
Once a conditional offer of employment has been made for those employees required to drive a vehicle as part of his/her job duties, prospective employees shall undergo a pre-employment drug screening for any substance which could impair their ability to safely and effectively perform their job functions. This screening shall be part of the employee's pre-employment physical examination.
Final approval of a job applicant for a position shall not be made until the applicant has successfully completed the screening.
All medical examinations shall be conducted in accordance with state and federal law, and in accordance with Board policy and administrative regulation.
(cf. 4112.4 /4212.4/4312.4 - Health Examinations)
44011 Controlled substance offense
44455 Conviction for controlled substance offenses as grounds for revocation of credential
44836 Employment of certificated persons convicted of controlled substance offenses
44940 Compulsory leave of absence for certificated persons
44940.5 Procedures when employees are placed on compulsory leave of absence
45123 Employment after conviction for controlled substance offense
45304 Compulsory leave of absence for classified persons
44839 Medical certificate; periodic medical examination
45122 Physical examinations
12940 Unlawful employment practices
CODE OF REGULATIONS, TITLE 5
5504 Medical certification procedures
Article 1, Section 28(c) Right to Safe Schools
UNITED STATES CODE, TITLE 20
UNITED STATES CODE, TITLE 41
701-707 Drug-Free Workplace Act
Lanier v. City of Woodburn, (2008, 9th Circuit) 518 F.3d 1147
Knox County Education Association v. Knox County Board of Education, (1998, 6th Circuit) 158 F.3d 361
Loder v. City of Glendale, (1997) 14 Cal. 4th 846
Vernonia School District 47J v. Acton, (1995) 115 S.Ct. 2386
International Brotherhood of Teamsters v. Department of Transportation, (1991) 932 F.2d 1292
Skinner v. Railway Labor Executives' Assn, (1989) 489 U.S. 602
National Treasury Employees Union v. Von Raab, (1989) 489 U.S. 456
Policy BURBANK UNIFIED SCHOOL DISTRICT
adopted: June 21, 2007 Burbank, California
revised: March 19, 2009