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161.175 Teachers involved in illegal use of controlled substances.

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Page 1 of 1 161.175 Teachers involved in illegal use of controlled substances. (1) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a teacher who has been reprimanded or otherwise disciplined by the teacher's <br>employer because the teacher engaged in misconduct involving the illegal use of <br>controlled substances shall, as a condition of retaining employment, submit to <br>random or periodic drug testing in accordance with administrative regulations <br>promulgated by the Kentucky Board of Education for a period not to exceed twelve <br>(12) months from the date such reprimand or disciplinary action occurred. (2) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a teacher whose certificate has been suspended or revoked by the Education <br>Professional Standards Board because the teacher engaged in misconduct involving <br>the illegal use of controlled substances shall, as a condition of reinstatement or <br>reissuance of the certificate, submit to drug testing in accordance with <br>administrative regulations promulgated by the Education Professional Standards <br>Board. (3) No teacher may be subject to drug testing under this section unless and until it has been determined in an administrative or judicial proceeding that the teacher engaged <br>in misconduct involving the illegal use of controlled substances. (4) For purposes of this section, the term &quot;teacher&quot; shall mean any person for whom certification is required as a basis for employment in the public schools of the <br>Commonwealth. (5) Nothing in this section shall be interpreted or construed to limit the authority of the Education Professional Standards Board to impose or require additional conditions <br>for the reissuance or reinstatement of a certificate. (6) The administrative regulations promulgated pursuant to this section shall contain provisions that ensure due process under the law. Effective: July 12, 2006 <br>History: Created 2006 Ky. Acts ch. 221, sec. 4, effective July 12, 2006.