Adoption Date: 6/7/2001, Revised: 10/8/2015
9000 - Personnel and Negotiations
9320 Drug-Free Workplace
The Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of any controlled substance in the workplace. "Workplace" shall mean any site on school grounds, at school-sponsored activities, or any place in which an employee is working within the scope of his/her employment or duties. ”Controlled substances” shall include all drugs which are banned or controlled under federal or state law, including those for which a physician’s prescription is required, as well as any other chemical substance which is deliberately ingested to produce psychological or physiological effects, other than accepted foods or beverages.
The Superintendent of Schools or his/her designee shall implement related regulations which outline the requirements of the federal Drug-Free Workplace Act of 1988.
Drug-Free Workplace Act (DFWA), 41 U.S.C. §§8101-8106
Controlled Substances Act, 21 U.S.C. §812
21 CFR §§1308.11-1308.15
34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)
Civil Service Law §75
Education Law §3020-a
Patchogue-Medford Congress of Teachers v. Board of Education,
70 NY2d 57 (1987)