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 the
17following:

18(1) those employes and independent contractors and their
19employes who have no direct contact with children<-.; and

1(2) school bus drivers and bus drivers who are subject to
2testing pursuant to Federal motor carrier safety regulations.

3(b) School administrators of public and private schools,
4intermediate units and area vocational-technical schools shall
5require prospective employes to submit, upon offer of
6employment, a report of drug testing or a statement from a
7testing laboratory relating to the results of the controlled
8substance testing paid for by the applicant. The test and report
9shall be conducted and issued subsequent to the offer of
10employment and prior to the actual hiring date of the applicant.
11School administrators shall maintain a copy of the required
12information and shall require each applicant to produce the
13original document prior to employment. School administrators
14shall require contractors to produce the original document for
15each prospective employe of such contractor prior to employment.
16The provisions of this subsection expire on March 31, 2015.

17(c) Beginning April 1, 2015, school administrators shall
18require the applicant to submit upon offer of employment a copy
19of the controlled substances testing report in a manner
20prescribed by the Department of Education. A controlled
21substances testing report submitted by the applicant must be
22paid for by the applicant and be the result of a controlled
23substances test conducted after the date of the offer of
24employment. When the applicant provides a copy of the controlled
25substances testing report, it shall be dated after offer of
26employment has been made. School administrators shall maintain a
27copy of the required information and shall require each
28applicant to produce a controlled substances testing report that
29shall be dated after the offer of employment has been made. The
30original controlled substances testing report shall be returned

1to the applicant.

2(d) The State Board of Education shall, in the manner
3provided by law, promulgate the regulations <-necessary to carry
4out this section. The regulations shall provide for the
5information obtained pursuant to the drug testing mandated by
6this act. <-providing for:

7(1) the information required to be obtained pursuant to
8a controlled substance test mandated by this section;

9(2) the privacy of the information related to controlled
10substance testing mandated by this section;

11(3) the retesting of prospective employes whose initial
12test resulted in a false positive and can provide an
13alternative medical explanation verified by a licensed
14physician;

15(4) the certification of testing laboratories; and

16(5) any other provision necessary to carry out this
17section.

18(e) No person subject to this act shall be employed in a
19public or private school, intermediate unit or area vocational-
20technical school where the controlled substances testing report
21indicates the applicant has used a controlled substance without
22a prescription from a physician.

23(f) Definitions.--As used in this section, the following
24words and phrases shall have the meanings given to them in this
25subsection unless the context clearly indicates otherwise:

26"Controlled substances." Drugs, substances or immediate
27precursors included in Schedules I through V of section 4 of the
28act of April 14, 1972 (P.L.233, No.64), known as "The Controlled
29Substance, Drug, Device and Cosmetic Act."

30"School administrator." An administrator of a public school,

1private school, intermediate unit or area vocational-technical
2school.

<-3"Testing laboratory." A laboratory that is certified by the
4Department of Health and Human Services or under regulations
5promulgated by the State Board of Education that is capable of
6performing controlled substances testing.

7Section 2. This act shall take effect in 60 days.