PRINTER'S NO. 285
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
311
Session of
2021
INTRODUCED BY DeLUCA, KINSEY, ROZZI AND PISCIOTTANO,
JANUARY 28, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 28, 2021
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," in preliminary provisions, 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 111.3. Testing for Controlled Substances for
Prospective Employes.--(a) This section shall apply to all
prospective employes of public schools, private schools,
intermediate units and area career and technical schools,
including independent contractors and their employes, except the
following:
(1) E mployes and independent contractors and their employes
who have no direct contact with children .
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(2) School bus drivers and bus drivers who are subject to
testing under Federal motor carrier safety regulations.
(b) School administrators shall require prospective employes
to submit, upon offer of employment, a report of controlled
substances testing or a statement from a testing laboratory
relating to the results of the controlled substances testing
paid for by the applicant. The testing and report shall be
conducted and issued subsequent to the offer of employment and
prior to the actual hiring date of the applicant. School
administrators shall maintain a copy of the required information
and shall require each applicant to produce the original
document prior to employment. School administrators shall
require independent contractors to produce the original document
for each prospective employe of the independent contractor prior
to employment. The provisions of this subsection expire on March
31, 2022.
(c) Beginning April 1, 2022 , school administrators shall
require an applicant to submit upon offer of employment a copy
of the controlled substances testing report in a manner
prescribed by the Department of Education. A controlled
substances testing report submitted by the applicant shall be
paid for by the applicant and be the result of a controlled
substances test conducted after the date of the offer of
employment. School 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 promulgate the
regulations providing for:
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(1) The information required to be obtained pursuant to
controlled substances testing mandated by this section.
(2) The privacy of the information related to controlled
substances testing mandated by this section.
(3) The retesting of prospective employes whose initial test
resulted in a false positive and can provide an alternative
medical explanation verified by a licensed physician.
(4) The certification of testing laboratories.
(5) Any other provision necessary to carry out this section.
(e) No person subject to this act shall be employed in a
public school, private school, intermediate unit or area career
and technical school where the controlled substances testing
report indicates the applicant has used controlled substances
without a prescription from a physician.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Controlled substances." Drugs, substances or immediate
precursors included in Schedules I through V of section 4 of the
act of April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act."
"School administrator." An administrator of a public school,
private school, intermediate unit or area career and technical
school.
"Testing laboratory." A laboratory that is certified by the
United States Department of Health and Human Services or under
regulations promulgated by the State Board of Education that is
capable of performing controlled substances testing.
Section 2. This act shall take effect in 60 days.
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