FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WELLS (Sponsor), McGHEE, BIVINS, DOUGHERTY, FUNDERBURK, RUESTMAN, FAITH, POLLOCK, GATSCHENBERGER, SCHLOTTACH AND DENISON (Co-sponsors).
0383L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 168, RSMo, by adding thereto one new section relating to drug testing of school employees.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 168, RSMo, is amended by adding thereto one new section, to be known as section 168.705, to read as follows:
168.705. 1. The board of education of any school district shall adopt a policy, pursuant to rules and regulations adopted by the department of elementary and secondary education, for the random testing of the school district's teachers and other employees for the unlawful use of controlled substances, as that term is defined in section 195.010, RSMo.
2. Any teacher or other employee who tests positive for unlawful use of a controlled substance shall be immediately terminated from employment with the district.
3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
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