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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON APPROPRIATIONS, FEBRUARY 3, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," providing for testing for controlled |
6 | substances for prospective employees. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
10 | as the Public School Code of 1949, is amended by adding a |
11 | section to read: |
12 | Section 111.1. Testing for Controlled Substances for |
13 | Prospective Employes.--(a) This section shall apply to all |
14 | prospective employes of public and private schools, intermediate |
15 | units and area vocational-technical schools, including |
16 | independent contractors and their employes, except those |
17 | employes and independent contractors and their employes who have |
18 | no direct contact with children. |
19 | (b) Administrators of public and private schools, |
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1 | intermediate units and area vocational-technical schools shall |
2 | require prospective employes to submit, upon offer of |
3 | employment, a report of drug testing or a statement from a |
4 | testing laboratory relating to the results of the controlled |
5 | substance testing paid for by the applicant. The test and report |
6 | shall be conducted and issued subsequent to the offer of |
7 | employment and prior to the actual hiring date of the applicant. |
8 | Administrators shall maintain a copy of the required information |
9 | and shall require each applicant to produce the original |
10 | document prior to employment. Administrators shall require |
11 | contractors to produce the original document for each |
12 | prospective employe of such contractor prior to employment. |
13 | (c) Beginning April 1, 2012, administrators shall require |
14 | the applicant to submit upon offer of employment a copy of the |
15 | controlled substances testing report in a manner prescribed by |
16 | the Department of Education. When the applicant provides a copy |
17 | of the controlled substances testing report, it shall be dated |
18 | after offer of employment has been made. Administrators shall |
19 | maintain a copy of the required information and shall require |
20 | each applicant to produce a controlled substances testing report |
21 | that shall be dated after the offer of employment has been made. |
22 | The original controlled substances testing report shall be |
23 | returned to the applicant. |
24 | (d) The State Board of Education shall, in the manner |
25 | provided by law, promulgate the regulations necessary to carry |
26 | out this section. The regulations shall provide for the |
27 | information obtained pursuant to the drug testing mandated by |
28 | this act. |
29 | (e) No person subject to this act shall be employed in a |
30 | public or private school, intermediate unit or area vocational- |
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1 | technical school where the controlled substances testing report |
2 | indicates the applicant has used a controlled substance without |
3 | a prescription from a physician. |
4 | Section 2. This act shall take effect in 60 days. |
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