THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, D. COSTA, DAVIS, FLECK, GINGRICH, HARHAI, HORNAMAN, KORTZ, KULA, METZGAR, MILLARD, MOUL, PYLE, READSHAW, ROAE, STABACK, SWANGER, J. TAYLOR, VULAKOVICH, YOUNGBLOOD AND MURT, FEBRUARY 3, 2011

REFERRED TO COMMITTEE ON APPROPRIATIONS, FEBRUARY 3, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for testing for controlled

substances for prospective employees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 111.1.  Testing for Controlled Substances for

Prospective Employes.--(a)  This section shall apply to all

prospective employes of public and private schools, intermediate

units and area vocational-technical schools, including

independent contractors and their employes, except those

employes and independent contractors and their employes who have

no direct contact with children.

(b)  Administrators of public and private schools,

intermediate units and area vocational-technical schools shall

require prospective employes to submit, upon offer of

employment, a report of drug testing or a statement from a

testing laboratory relating to the results of the controlled

substance testing paid for by the applicant. The test and report

shall be conducted and issued subsequent to the offer of

employment and prior to the actual hiring date of the applicant.

Administrators shall maintain a copy of the required information

and shall require each applicant to produce the original

document prior to employment. Administrators shall require

contractors to produce the original document for each

prospective employe of such contractor prior to employment.

(c)  Beginning April 1, 2012, administrators shall require

the applicant to submit upon offer of employment a copy of the

controlled substances testing report in a manner prescribed by

the Department of Education. When the applicant provides a copy

of the controlled substances testing report, it shall be dated

after offer of employment has been made. Administrators shall

maintain a copy of the required information and shall require

each applicant to produce a controlled substances testing report

that shall be dated after the offer of employment has been made.

The original controlled substances testing report shall be

returned to the applicant.

(d)  The State Board of Education shall, in the manner

provided by law, promulgate the regulations necessary to carry

out this section. The regulations shall provide for the

information obtained pursuant to the drug testing mandated by

this act.

(e)  No person subject to this act shall be employed in a

public or private school, intermediate unit or area vocational-

technical school where the controlled substances testing report

indicates the applicant has used a controlled substance without

a prescription from a physician.

Section 2.  This act shall take effect in 60 days.