RULE NUMBER: Policy 3.96.

PURPOSE AND EFFECT: To establish and specify a drug- and alcohol-free workplace program for School District employees, applicants, and volunteers (other than employees governed by Policy 3.961 for safety-sensitive and CDL driver positions).

SUMMARY: No employee or volunteer shall report for duty or remain on duty while under the influence of, or impaired by, any controlled substance, including alcohol. The manufacture, distribution, dispensation, possession, or use of controlled substances, including alcohol, is prohibited: on School District premises; or while conducting School District business; or while operating District vehicles, machinery, or equipment; or as a part of any activities or programs of a school or of the District. The District will require the following kinds of tests under Policy 3.96: job applicant testing/pre-employment screening (pre-service testing of volunteers may also be required); reasonable-suspicion testing; fitness-for-duty testing; follow-up testing; and post-accident reasonable-suspicion testing following an on-the-job accident. No employee or volunteer involved in an on-the-job vehicular or other work-related accident shall use alcohol for eight hours following the accident, or until after undergoing a post-accident alcohol test, whichever occurs first. Refusal to submit to any test required under this Policy will be treated as a positive test result. A positive initial test result will require the employee's or volunteer's immediate removal from duty until the terms specified in Policy 3.96 have been satisfied. If an employee has a confirmed-positive test result for an alcohol level exceeding 0.04 or for an unlawful controlled substance, the employee will be subject to disciplinary action up to and including termination of employment, consistent with the applicable collective bargaining agreement, if any; and under Fla. Stat. § 440.101(2), the employee "may be terminated and forfeits his or her eligibility for medical and indemnity [workers compensation] benefits." Applicants with confirmed positive results will not be hired (and cannot re-apply for one year); and volunteers with confirmed-positive results will not be allowed to perform further volunteer functions.

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.41(1), (2); 1001.43(11); 440.102(7)(d), Fla. Stat.

LAWS IMPLEMENTED: §§ 440.101; 440.102, Fla. Stat; 41 U.S.C. § 701, et seq.; 34 C.F.R. Part 85.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST (optional, if one has been prepared): None. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of the publication of this Notice.

TEXT OF PROPOSED RULE: Is available from the District's web site at www.SchoolBoardPolicies.com/revisions.htm.

CONTACT PERSONS: James Hayes, Jr. and Raymond Miller, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

PERSON ORIGINATING THE PROPOSED RULE: A committee, including Walter Burns, et al.; and James Hayes, Jr.

SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Art Johnson.

DATE PROPOSED RULE WAS APPROVED BY THE SCHOOL BOARD: February 23, 2005.

PROPOSED RULE DEVELOPMENT NOTICE WAS PUBLISHED: February 9, 2005, in The Palm Beach Post.

PUBLIC HEARING NOTICE: Adoption of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on May 11, 2005, anticipated to begin at 2:15 p.m. in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: A copy of the agenda will be available by May 4 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. This hearing is open to the public.

Publish: April 13, 2005