Bill Text: TX SB613 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to school district drug abuse prevention policies for classroom teachers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-25 - Referred to Education [SB613 Detail]
Download: Texas-2013-SB613-Introduced.html
| 83R6574 CAS-D | ||
| By: Lucio | S.B. No. 613 | |
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| relating to school district drug abuse prevention policies for | ||
| classroom teachers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter I, Chapter 21, Education Code, is | ||
| amended by adding Section 21.417 to read as follows: | ||
| Sec. 21.417. SCHOOL DISTRICT DRUG ABUSE PREVENTION POLICY | ||
| FOR CLASSROOM TEACHERS. (a) In this section, "controlled | ||
| substance" and "marihuana" have the meanings assigned by Section | ||
| 481.002, Health and Safety Code. | ||
| (b) The board of trustees of each school district shall | ||
| adopt a drug abuse prevention policy for district classroom | ||
| teachers. The policy must require at least one of the following: | ||
| (1) that each district classroom teacher submit to | ||
| random, unannounced drug testing; or | ||
| (2) that each district classroom teacher participate | ||
| in professional development that includes counseling concerning | ||
| the prevention and dangers of drug abuse and how to obtain | ||
| assistance in stopping drug abuse. | ||
| (c) Each school district shall post on the district's | ||
| Internet website and maintain in the district's central | ||
| administrative office a copy of the district policy adopted under | ||
| this section together with a statement of the estimated annual cost | ||
| to the district of carrying out the policy. | ||
| (d) If the board of trustees of a school district adopts a | ||
| policy described by Subsection (b)(1) and the drug test results of a | ||
| classroom teacher indicate the presence in the teacher's body of a | ||
| controlled substance not prescribed for the teacher by a health | ||
| care practitioner or of marihuana, the district may, in accordance | ||
| with specific district policy, impose sanctions on the teacher. | ||
| The sanctions imposed under the policy may not exceed the | ||
| following, based on positive drug test results as described by this | ||
| subsection during one calendar year: | ||
| (1) for the first positive test results, the teacher | ||
| may be given a verbal reprimand; | ||
| (2) for the second positive test results, the teacher | ||
| may be given a written reprimand and suspended one school day; | ||
| (3) for the third positive test results, the teacher | ||
| may be given a written reprimand, suspended five school days, and | ||
| required to seek counseling to address drug abuse; and | ||
| (4) for the fourth positive test results, the district | ||
| may submit a written report to the State Board for Educator | ||
| Certification of the teacher's history of district drug test | ||
| results and of any other related information. | ||
| (e) Each day of suspension under this section is without pay | ||
| unless the teacher uses available personal leave to be absent from | ||
| work on that day. | ||
| (f) If the State Board for Educator Certification receives a | ||
| report under Subsection (d)(4), the board may take disciplinary | ||
| action against the teacher, including revocation of the teacher's | ||
| educator certificate, in accordance with disciplinary proceedings | ||
| adopted under Section 21.041(b)(7). | ||
| SECTION 2. This Act applies beginning with the 2013-2014 | ||
| school year. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
