1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for testing for controlled
6substances for prospective employees.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 111.1. Testing for Controlled Substances for
13Prospective Employes.--(a) This section shall apply to all
14prospective employes of public and private schools, intermediate
15units and area vocational-technical schools, including
16independent contractors and their employes, except those
17employes and independent contractors and their employes who have
18no direct contact with children.

19(b) School administrators of public and private schools,
20intermediate units and area vocational-technical schools shall

1require prospective employes to submit, upon offer of
2employment, a report of drug testing or a statement from a
3testing laboratory relating to the results of the controlled
4substance testing paid for by the applicant. The test and report
5shall be conducted and issued subsequent to the offer of
6employment and prior to the actual hiring date of the applicant.
7School administrators shall maintain a copy of the required
8information and shall require each applicant to produce the
9original document prior to employment. School administrators
10shall require contractors to produce the original document for
11each prospective employe of such contractor prior to employment.
12The provisions of this subsection expire on March 31, 2015.

13(c) Beginning April 1, 2015, school administrators shall
14require the applicant to submit upon offer of employment a copy
15of the controlled substances testing report in a manner
16prescribed by the Department of Education. A controlled
17substances testing report submitted by the applicant must be
18paid for by the applicant and be the result of a controlled
19substances test conducted after the date of the offer of
20employment. When the applicant provides a copy of the controlled
21substances testing report, it shall be dated after offer of
22employment has been made. School administrators shall maintain a
23copy of the required information and shall require each
24applicant to produce a controlled substances testing report that
25shall be dated after the offer of employment has been made. The
26original controlled substances testing report shall be returned
27to the applicant.

28(d) The State Board of Education shall, in the manner
29provided by law, promulgate the regulations necessary to carry
30out this section. The regulations shall provide for the

1information obtained pursuant to the drug testing mandated by
2this act.

3(e) No person subject to this act shall be employed in a
4public or private school, intermediate unit or area vocational-
5technical school where the controlled substances testing report
6indicates the applicant has used a controlled substance without
7a prescription from a physician.

8(f) Definitions.--As used in this section, the following
9words and phrases shall have the meanings given to them in this
10subsection unless the context clearly indicates otherwise:

11"Controlled substances." Drugs, substances or immediate
12precursors included in Schedules I through V of section 4 of the
13act of April 14, 1972 (P.L.233, No.64), known as "The Controlled
14Substance, Drug, Device and Cosmetic Act."

15"School administrator." An administrator of a public school,
16private school, intermediate unit or area vocational-technical
17school.

18Section 2. This act shall take effect in 60 days.