Common use of Retests Clause in Contracts

Retests. A teacher who does not pass a drug test administered under this part may request that the original urine sample be analyzed again. A teacher requesting a retest under this section must submit a written request within 60 days of the teacher’s receipt of the test result. The teacher may specify retesting by the original laboratory site or by a second laboratory site that is certified to perform drug tests by the Department of Health and Human Services. All retesting of this nature shall be at the expense of the teacher. 5. Voluntary Compliance, EAP and Referral a. USD 500 shall also inform such teachers of the procedures for obtaining assistance through the USD 500 Employee Assistance Program. The USD 500 EAP plays an important role in preventing and resolving teacher drug use by: demonstrating USD 500's commitment to eliminating illegal drug use; providing teachers an opportunity, with appropriate assistance, to discontinue their drug use; providing educational materials to supervisors and teachers on drug use issues; assisting supervisors in confronting teachers who have performance and/or conduct problems and making referrals to appropriate treatment and rehabilitative facilities; and follow-up with individuals during the rehabilitation period to track their progress and encourage successful completion of the program. The EAP, however shall not be involved in the collection of urine samples or the initial reporting of test results. Specifically, the EAP shall: Provide counseling and assistance to teachers who self-refer for treatment or whose drug tests have been verified positive, and monitor the teachers’ progress through treatment and rehabilitation; Provide needed education and training to teachers on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP to drug testing, and related treatment, rehabilitation, and confidentiality issues; Ensure that confidentiality of test results and related medical treatment and rehabilitation records is maintained in accordance with this policy. b. Any teacher found to be using drugs shall be referred to the EAP. The EAP shall be administered separately from the testing program and shall be available to all teachers without regard to a finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding illegal drug use. c. A teacher who voluntarily identifies him/himself as a user of illegal drugs or who volunteers for drug testing, prior to being identified through other means, will be considered a candidate for retention provided that said teacher obtains counseling or rehabilitation through the Employee Assistance Program and thereafter refrains from using illegal drugs and/or from the improper consumption of alcohol. However, the decision to retain the teacher rests solely within the discretion of USD 500. d. A teacher performing a safety sensitive function who is shown to have improperly consumed alcohol and/or drugs shall not be allowed to remain on duty in a safety sensitive position prior to the successful completion of rehabilitation through the Employee Assistance Program. However, as part of rehabilitation or counseling, the Superintendent or his/her designee may, in his or her discretion, allow a teacher to return to duty in a safety sensitive position if it is determined that this action would not pose a danger to public health or safety or the safety of students and other employees. e. The laboratory testing under this policy is a series of tests which are highly accurate and reliable, and that, as an added safeguard, laboratory results are reviewed by the Medical Review Officer. Positive test results verified by the Medical Review Officer may only be disclosed to the teacher, the appropriate EAP administrator, the appropriate management officials necessary to process an adverse action against the teacher, or a court of law or administrative tribunal in any adverse Human Resources action. All medical and rehabilitation records in an EAP will be deemed confidential “patient” records and may not be disclosed without the prior written consent of the patient, an authorizing court order, or otherwise as permitted, or required by State and Federal law.

Retests. A teacher who does not pass a drug test administered under this part may request that the original urine sample be analyzed again. A teacher requesting a retest under this section must submit a written request within 60 days of the teacher’s receipt of the test result. The teacher may specify retesting by the original laboratory site or by a second laboratory site that is certified to perform drug tests by the Department of Health and Human Services. All retesting of this nature shall be at the expense of the teacher. 5. Voluntary Compliance, EAP and Referral a. USD 500 shall also inform such teachers of the procedures for obtaining assistance through the USD 500 Employee Assistance Program. The USD 500 EAP plays an important role in preventing and resolving teacher drug use by: demonstrating USD 500's commitment to eliminating illegal drug use; providing teachers an opportunity, with appropriate assistance, to discontinue their drug use; providing educational materials to supervisors and teachers on drug use issues; assisting supervisors in confronting teachers who have performance and/or conduct problems and making referrals to appropriate treatment and rehabilitative facilities; and follow-follow- up with individuals during the rehabilitation period to track their progress and encourage successful completion of the program. The EAP, however shall not be involved in the collection of urine samples or the initial reporting of test results. Specifically, the EAP shall: Provide counseling and assistance to teachers who self-refer for treatment or whose drug tests have been verified positive, and monitor the teachers’ progress through treatment and rehabilitation; Provide needed education and training to teachers on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP to drug testing, and related treatment, rehabilitation, and confidentiality issues; Ensure that confidentiality of test results and related medical treatment and rehabilitation records is maintained in accordance with this policy. b. Any teacher found to be using drugs shall be referred to the EAP. The EAP shall be administered separately from the testing program and shall be available to all teachers without regard to a finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding illegal drug use. c. A teacher who voluntarily identifies him/himself as a user of illegal drugs or who volunteers for drug testing, prior to being identified through other means, will be considered a candidate for retention provided that said teacher obtains counseling or rehabilitation through the Employee Assistance Program and thereafter refrains from using illegal drugs and/or from the improper consumption of alcohol. However, the decision to retain the teacher rests solely within the discretion of USD 500. d. A teacher performing a safety sensitive function who is shown to have improperly consumed alcohol and/or drugs shall not be allowed to remain on duty in a safety sensitive position prior to the successful completion of rehabilitation through the Employee Assistance Program. However, as part of rehabilitation or counseling, the Superintendent or his/her designee may, in his or her discretion, allow a teacher to return to duty in a safety sensitive position if it is determined that this action would not pose a danger to public health or safety or the safety of students and other employees. e. The laboratory testing under this policy is a series of tests which are highly accurate and reliable, and that, as an added safeguard, laboratory results are reviewed by the Medical Review Officer. Positive test results verified by the Medical Review Officer may only be disclosed to the teacher, the appropriate EAP administrator, the appropriate management officials necessary to process an adverse action against the teacher, or a court of law or administrative tribunal in any adverse Human Resources action. All medical and rehabilitation records in an EAP will be deemed confidential “patient” records and may not be disclosed without the prior written consent of the patient, an authorizing court order, or otherwise as permitted, or required by State and Federal law.