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

RELATING TO EDUCATION; REQUIRING RANDOM DRUG TESTING OF TEACHERS AND ADMINISTRATORS BASED UPON REASONABLE SUSPICION OF DRUG USE.

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] RANDOM DRUG TESTING--TEACHERS AND ADMINISTRATORS.--

A. School districts shall require a teacher or administrator to submit to random urinalysis testing if there is a reasonable suspicion that the teacher or administrator is using or possessing drugs while on school property or in the performance of his duties as a teacher or administrator.

B. A drug test shall be limited to testing for the presence of controlled substances listed in Schedule I, II, III, IV or V of the Controlled Substances Act. A test for any other substance or medical condition shall not be allowed under this section.

C. A drug test shall be conducted only by a third party. A teacher or administrator 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 confidential any disclosure provided pursuant to this subsection and shall not disclose the use of the medications or any medical condition the third party has knowledge of to anyone else.

D. The school district shall pay the cost of drug tests."