Section 20-2-1121. School bus drivers subject to random drug and alcohol testing; procedures; costs; rules and regulations

   (a) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of illegal drugs. Not less than 50 percent of the school bus drivers in each public school system shall be tested annually in one or more random tests. Such testing shall be noninvasive and may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the state, provided that, in the case of drivers whose salaries are exclusively funded by the local school system, the cost of such testing shall be borne by such local school system; and provided, further, that, in the case of drivers employed by private companies who have contracted to provide school bus service to a county school system or an independent school system, the cost of such testing shall be borne by such private company. If the drug test shows the presence of drugs in the employee's system, the results of the test will be confirmed using an alternative method but the same urine sample.

(b) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of alcohol during the school day which testing may be carried out at any time within the school year and the cost of which shall be borne by the local board of education.

(c) The State Board of Education shall adopt rules and regulations to establish for purposes of testing and retesting for illegal drugs:

   (1) Which illegal drugs will be the subject of testing;

   (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing;

   (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process;

   (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results;

   (5) A list of laboratories qualified to conduct established drug tests; and

   (6) Procedures for school bus drivers, prior to the collection of body fluid specimens for such testing, to provide information to their employers regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test.

(d) The local boards of education shall adopt rules and regulations to establish for the random testing for the presence of alcohol:

   (1) The portion of drivers in any school system that shall be selected for testing at each testing period;

   (2) Methods for assuring that drivers are selected on a random basis;

   (3) Methods for assuring minimal privacy intrusions during such testing;

   (4) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process;

   (5) Methods for the testing of the breath of school bus drivers for the presence of alcohol, such testing to be done by a peace officer or law enforcement agency;

   (6) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; and

   (7) A list of laboratories qualified to conduct such alcohol testing.

(e) The State Board of Education shall be authorized to adopt any other rules or regulations it deems necessary to implement testing for illegal drug use under this part. The local boards of education shall be authorized to adopt any other rules or regulations deemed necessary to implement random testing for alcohol use under this part.

(f) Any rules or regulations adopted pursuant to this part shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations.

Code 1981, § 20-2-1121, enacted by Ga. L. 1994, p. 846, § 1.