44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; AUTHORIZING SCHOOL DISTRICTS TO CONDUCT DRUG TESTING OF SCHOOL EMPLOYEES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DRUG TESTING OF SCHOOL EMPLOYEES.--

A. School districts may develop policies and procedures to conduct urinalysis testing of any school employee if there is a reasonable suspicion that the employee is using or is under the influence of drugs while on school property or in the performance of his duties. The policies developed by the local school district shall include procedures for an employee contesting the results of the drug test, rehabilitation programs for the employee, a pre-termination hearing for the employee, the termination of an employee who refuses to take a drug test based on reasonable suspicion and the termination of an employee whose drug test results are positive.

B. A drug test shall be limited to controlled substances as defined in Sections 30-31-6 through 30-31-10 NMSA 1978. A test for any other substance or medical condition shall not be allowed pursuant to this section.

C. A drug test may be conducted only by a third party. A school employee shall be required to disclose to the third party the use of only those medications that may affect the result of the drug test. The third party shall keep the disclosure confidential and shall not disclose the use of the medications or any medical conditions that the third party has knowledge of to the school district or to any other party.

D. Results from a drug test conducted pursuant to this section shall be given only to a school district official designated for that purpose by the local school board and they shall be admissible only for the purposes of the school district related to personnel actions pursuant to the policies adopted under Subsection A of this act and pursuant to Chapter 22, Article 10 NMSA 1978."