ADMINISTRATIVE REGULATION - 4020
It is a violation of Board policy for any employee at the workplace to use alcohol or unlawfully manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other controlled substance, as defined in the Drug-Free Workplace Act of 1988.
"Workplace" is defined as any place where school district work is performed, including a school building or other school premises; any school-owned or school-approved vehicle used to transport students to and from school or school activities; and any off-school sites when accommodating a school-sponsored or school-approved activity or function, such as a field trip or athletic event, where students are under district jurisdiction.
As a condition of your continued employment with the district, you will comply with the district’s policy on an Alcohol-Free and Drug-Free Workplace and will, any time you are convicted of any criminal alcohol and or drug statute violation occurring in the workplace, notify your supervisor of this conviction no later than five days after such conviction.
Pursuant to Education Code 44836 and 45123, the Board shall not employ or retain in employment persons convicted of a controlled substance offense as defined in Education Code 44011. If any such conviction is reversed and the person acquitted in a new trial or the charges dismissed, his/her employment is no longer prohibited.
Pursuant to Education Code 45123, the Board may employ for classified service a person who has been convicted of a controlled substance offense only if it determines, from evidence presented, that the person has been rehabilitated for at least five years. The Board shall determine the type and manner of presentation of the evidence, and the Board’s determination as to whether or not the person has been rehabilitated is final.
Pursuant to Education Code 44425, whenever the holder of any credential issued by the State Board of Education or the Commission for Teacher Preparation and Licensing has been convicted of a controlled substance offense as defined in Education Code 44011, the Commission shall forthwith suspend the credential. Pursuant to Education Code 44065, the district may not employ noncertificated persons in positions requiring a certificate. When the conviction becomes final or when imposition of sentence is suspended, the Commission shall revoke the credential (Education Code 44425).
Pursuant to Education Code 44940, the district must immediately place on compulsory leave of absence any certificated employee charged by complaint, information or indictment filed in a court of competent jurisdiction with the commission of any offense involving aiding or abetting the unlawful sale, use or exchange to minors of certain controlled substances. Such leave of absence shall be for a period of time extending for not more than ten (10) days after the date of entry of judgment. The employee’s teaching or service credential shall be automatically suspended for the same period of time.
Pursuant to Education Code 45304, the district must immediately place on compulsory leave of absence any classified employee charged by complaint, information or indictment filed in a court of competent jurisdiction with the commission of any offense involving aiding or abetting the unlawful sale, use or exchange to minors of certain controlled substances. Such leave of absence shall be for a period of time, extending for not more than ten(10) days after the date of entry of judgment.
Alcohol and/or drug counseling, rehabilitation, and/or employee assistance programs are available locally. For further information contact the District Human Resources Office.