6233.1 Administrative Procedures for Policy 6233


1. All staff will receive a copy of this policy.

2. Staff will acknowledge receipt of this policy and will sign such form acknowledging receipt and acknowledging the District's policy of absolutely prohibiting conduct as set forth in this policy (Policy Code 6233), and further acknowledging that serious sanctions can and will be taken against an employee, including termination of employment and referral for prosecution, for any failure to comply with the above-stated standards of conduct and further acknowledging that such compliance is mandatory, and further acknowledging that this policy is adopted pursuant to P.L. 101-226, 34 C.F.R., Part 86, the Drug-Free Schools and Communities Act, as amended, NEB. REV. STAT. 48-1901-48-1910 (1998) and other applicable statutes, and will further acknowledge that failure to comply with such federal requirements may put the District's receipt of federal funds in jeopardy.

3. In the event staff does not understand the terms and conditions of this policy, it shall be the duty of the staff member to ask for such points of clarification of the Superintendent of Schools or designee at the time this policy is distributed to the staff member. If no question is directed by staff to the Superintendent of Schools or designee, it shall be the legal position of the District to presume that staff has understood and will abide by this policy.

4. The Grand Island Public Schools may require staff to be tested upon reasonable suspicion, for the use of controlled substances or alcohol in violation of this policy. Reasonable suspicion shall include, but not be limited to, specific observations of the appearance, behavior, speech, body odors or reliable reports from third parties that an employee is in violation of this policy. Refusal to submit to the test or testing positive for drugs or alcohol will result in disciplinary action up to and including termination of employment as provided herein below at Paragraph 7.

5. Testing Procedures:

a. Preliminary screening for non-prescription drug and alcohol use shall be conducted in a medically-accepted manner. In the event that any such preliminary screening shall indicate the presence of non-prescription drugs consisting of a substance chemical or compound as described, defined or delineated in NEB. REV. STAT. §§28-405 and 28-419 or any metabolite on conjugated form thereof, the preliminary screening sample shall be subject to further testing by gas chromatography-mass spectrometry or other scientific testing technique which has been or may be approved by the Nebraska Department of Health. Likewise, in the event that any such preliminary screening shall indicate the presence of alcohol, the preliminary screening shall be subject to further testing by either (a ) gas chromatography with a flame ionization detector or other scientific testing approved by the Nebraska Department of Health or (b) breath testing device complying with applicable rules and regulation of the Nebraska Department of Health operated by a person who has obtained or been issued a permit in accordance with applicable rules and regulation by the Nebraska Department of Health. With the exception of confirmatory breath test utilizing a breath testing device, all confirmatory tests shall be performed by a clinic, hospital, or laboratory which is licensed pursuant to the federal Clinical Laboratories Improvement Act of 1967, 42 U.S.C. 263a.

b. All body fluid specimens which results in a finding of non-prescription drug or alcohol presence shall be refrigerated and preserved in a sufficient quantity for retesting for a period of at least one hundred eighty (180) days from the date of collection and a written record of the chain of custody of the specimen shall be maintained from the time of collection.

c. The Grand Island Public Schools shall not release or disclose the test results of any employee to the public, except to the extent required by law or to the employee upon such employee's request. Such test results will be reviewed only by such officers, agents or staff of the District as may be involved in the retention, disciplining or firing of employees.

6. In the event of any non-compliance by any staff with this policy, it shall be the duty of the Superintendent of Schools or designee to inform any staff not in compliance about any drug and alcohol counseling and rehabilitation and re-entry programs that are available to staff within fifty (50) miles of the administrative offices of the District. If no such programs are available within 50 miles, then such other programs as may exist in the State of Nebraska shall be made known to such staff member. The Superintendent or designee shall maintain a list of such available services and shall from time to time update such a list.

7. Sanctions which may be taken against staff for non-compliance with this policy may be any one or more of the following:
    1. an oral reprimand
    2. a written reprimand/suspension with pay
    3. suspension without pay
    4. termination of employment
    5. cancellation of employment
    6. non-renewal of employment
    7. referral to appropriate authorities for criminal prosecution
    8. mandatory enrollment in in-patient care or otherwise as a term and condition to any continuing employment by the District.
    9. mandatory enrollment in any training programs that are or may be provided by the District or others relating to any of the activities prohibited by this policy.

8. Disciplinary action sought to be imposed by the Superintendent or designee shall be carried out in accordance with the established policies of the District. However, nothing in this policy shall be construed to vest any right in any staff beyond that required by law and the manner in which each case shall be handled shall be in the sole discretion of the Superintendent or designee subject to the Superintendent's approval, provided only that such action shall be carried out within the bounds of applicable law.

9. Conviction of staff of the District of any criminal statute relating to the unlawful use, possession, or distribution of any controlled substance or alcohol, may result in disciplinary action being taken against such employee. When such conviction shall come to the attention of the Superintendent or other official of the District, any staff convicted as above described may be disciplined in any manner provided by statute, the contract of staff, any existing policy of the District or any other applicable body of law. As used herein "applicable body of law" shall mean, but shall not be limited to, state and federal statutes, state and federal regulations, and any applicable case law.

10. The use of legal drugs (over-the-counter or prescription medication) in accordance with doctor's orders of manufacturer's recommendations is not prohibited. Excessive use or abuse of such drugs shall be considered use of illegal or illicit drugs under this policy. If use of legal drugs in accordance with doctor's orders or manufacturer's recommendations may impair the staff member's ability to safely and effectively perform his/her job, the staff member must notify his/her supervisor so that any necessary arrangement to protect safety and productivity can be made. Failure to properly inform the supervisor or to cooperate in any necessary arrangements to protect safety and productivity will result in disciplinary action.

11. As an alternative to discipline or as a concurrent requirement to the disciplinary action less severe than the maximum disciplinary action that may be carried out against staff as referred to in the immediately preceding paragraph, the District, by and through its Superintendent or designee may require the staff member to successfully finish a drug abuse program. As used herein, the term "drug abuse program" shall mean a drug abuse program sponsored by an approved private or governmental institution. The Superintendent or designee may require the staff member to provide the Superintendent or designee written documentation satisfactory to the Superintendent or designee that the staff member has successfully finished such program. If aftercare is recommended by such institution, then the Superintendent or designee in their sole discretion may require the staff member to enroll such aftercare program and to participate in a manner satisfactory to the provider of such aftercare program. The Superintendent or designee may require staff to participate in aftercare in the same manner and under the same terms as may be required by the Superintendent or designee. The Superintendent or designee may require ongoing reporting of such participation as a term and condition of continuing employment by such staff at the District.

12. It shall be the policy of the District to require staff who have been charged or convicted of a violation of any federal, state, or local statute regarding illegal or illicit drugs or alcohol-related offenses to report such charge or conviction to the Superintendent or designee. Any information received pursuant to this policy may be used in any lawful manner. Any staff having concerns about an admission thereunder constituting self-incrimination shall bear the burden of seeking his or her own legal advice regarding any such potential self-incrimination.

Reasonable Cause Drug Testing
1. The Grand Island Public Schools may require any staff (including temporary and substitute staff) to be tested upon reasonable suspicion for use of controlled substances or alcohol in violation of Policy 6233.

2. Reasonable Suspicion shall include but not be limited to, specific observations of the appearance, behavior, speech, body odors or reliable reports from third parties that an employee is in violation of this policy.

3. Staff of the District, who become aware or concerned about another staff being impaired on the job by alcohol or drugs, should immediately report their concerns to their immediate supervisor, who will in turn report the information to the administrator who is responsible for the staff in question. This administrator will notify the Executive Director for Human Services immediately.

4. The responsible administrator will complete the Manager's Checklist for Identifying Potential Substance Abuse/Impairment. This checklist will be completed by any combination of immediate past performance, current performance and personal observation and conversation between the suspected employee and the administrator. The administrator will have a witness present who is trained in the District's Reasonable Cause Drug Testing procedure. This witness could be another administrator, a school nurse, a guidance counselor, school resource officer, Executive Director for Human Services, an Assistant Superintendent or the Superintendent. The completed Manager's Checklist for Identifying Potential Substance Abuse/Impairment form should be reviewed with the Executive Director for Human Services (or Assistant Superintendent or Superintendent) to determine whether to have the employee drug tested.

5. Once the District has determined reasonable suspicion of impairment from drugs or alcohol exists, the staff member will be asked to submit to a drug test at the district's drug testing facility, currently identified as the Saint Francis Medical Center Pathology Department, 2620 West Faidley Avenue. The administrator should make arrangements for staff to be transported to the testing facility. Acceptable methods of transportation include:
     a. Calling a family member (or other contact person) to provide transportation
     b. Calling a taxi cab (at the staff member's expense) for transportation
     c. Providing transportation by the Administrator or another responsible District staff member.

6. If the staff refuses the offer of transportation and demands to drive themselves, the administrator should discourage them. If staff becomes belligerent or if they present a danger to themselves or others, contact the police. If staff refuses the administrator's attempts to provide transportation, the administrator should not attempt to physically restrain the staff member. The administrator should document the staff member's actions. The administrator should also call the SFMC Pathology Department to alert them to the impending drug test.

7. Refusal to submit to the test or testing positive for drugs or alcohol will result in disciplinary action up to and including termination of employment.

Statistical Report of Violations
It shall be the policy of the Grand Island Public Schools to require the Superintendent of Schools to keep a statistical report of all violations of the District's policies and programs prohibiting the unlawful possession, use, or distribution of illicit drugs and alcohol by students and staff on the school district's property or as a part of any other of the District's activities. The Superintendent or designee shall at least annually provide a report to the Board of Education consisting of at least the following:

1. The date and nature of any incidents of non-compliance with the District's policies pertaining to the unlawful possession, use, or distribution of illicit drugs and alcohol by students or staff.

2. The nature of any sanction carried out against any such person in violation of such policies.

3. A brief description of any treatment, counseling, or rehabilitation that any such individual in violation of any such policy shall have undertaken and whether such undertaking was voluntary or involuntary.

Review of Program
It shall be the policy of Grand Island Public Schools to review biennially its entire program pertaining to the prevention of the use of illicit drugs and the abuse of alcohol by students and staff to determine the effectiveness of the program and to implement such changes to the program as are deemed needed.

The Superintendent shall undertake such study as is deemed appropriate to determine whether the program of the District as here-in-above referred to is accomplishing its intended goals. If the Superintendent determines that changes are necessary or desirable in the program, the Superintendent shall, on or before the regular July meeting of the Board of Education, present to the Board of Education such changes as are proposed by the administration in the program of the District.

THE GRAND ISLAND PUBLIC SCHOOLS SHALL NOT BE RESPONSIBLE FOR ANY EXPENSES INCURRED OR SERVICES RENDERED IN DRUG AND ALCOHOL COUNSELING REHABILITATION AND RE-ENTRY PROGRAMS.

6233.2: Manager's checklist for identifying potential substance abuse/impairment