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A BILL TO BE ENTITLED
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AN ACT
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relating to school district drug abuse prevention policies for |
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classroom teachers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Section 21.417 to read as follows: |
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Sec. 21.417. SCHOOL DISTRICT DRUG ABUSE PREVENTION POLICY |
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FOR CLASSROOM TEACHERS. (a) In this section, "controlled |
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substance" and "marihuana" have the meanings assigned by Section |
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481.002, Health and Safety Code. |
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(b) The board of trustees of each school district shall |
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adopt a drug abuse prevention policy for district classroom |
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teachers. The policy must require at least one of the following: |
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(1) that each district classroom teacher submit to |
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random, unannounced drug testing; or |
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(2) that each district classroom teacher participate |
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in professional development that includes counseling concerning |
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the prevention and dangers of drug abuse and how to obtain |
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assistance in stopping drug abuse. |
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(c) Each school district shall post on the district's |
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Internet website and maintain in the district's central |
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administrative office a copy of the district policy adopted under |
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this section together with a statement of the estimated annual cost |
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to the district of carrying out the policy. |
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(d) If the board of trustees of a school district adopts a |
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policy described by Subsection (b)(1) and the drug test results of a |
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classroom teacher indicate the presence in the teacher's body of a |
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controlled substance not prescribed for the teacher by a health |
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care practitioner or of marihuana, the district may, in accordance |
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with specific district policy, impose sanctions on the teacher. |
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The sanctions imposed under the policy may not exceed the |
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following, based on positive drug test results as described by this |
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subsection during one calendar year: |
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(1) for the first positive test results, the teacher |
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may be given a verbal reprimand; |
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(2) for the second positive test results, the teacher |
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may be given a written reprimand and suspended one school day; |
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(3) for the third positive test results, the teacher |
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may be given a written reprimand, suspended five school days, and |
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required to seek counseling to address drug abuse; and |
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(4) for the fourth positive test results, the district |
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may submit a written report to the State Board for Educator |
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Certification of the teacher's history of district drug test |
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results and of any other related information. |
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(e) Each day of suspension under this section is without pay |
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unless the teacher uses available personal leave to be absent from |
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work on that day. |
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(f) If the State Board for Educator Certification receives a |
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report under Subsection (d)(4), the board may take disciplinary |
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action against the teacher, including revocation of the teacher's |
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educator certificate, in accordance with disciplinary proceedings |
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adopted under Section 21.041(b)(7). |
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SECTION 2. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |