44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO EDUCATION; PROVIDING SCHOOL DISTRICTS WITH THE AUTHORITY TO CONDUCT RANDOM DRUG TESTING OF ALL SCHOOL PERSONNEL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] RANDOM DRUG TESTING--SCHOOL PERSONNEL.--

A. School districts may conduct mandatory random drug testing of all school personnel employed by the school district or who apply for a position with the school district. A school district may not recover the costs of conducting a drug test from the school personnel.

B. A drug test shall be limited to controlled substances as defined in Sections 30-31-6 through 30-31-10 NMSA 1978. A test for any other substance or medical condition shall not be allowed pursuant to this section.

C. A drug test may be conducted only by a third party. A school personnel member shall be required to disclose to the third party the use of only those medications that may affect the result of the drug test. The third party shall keep the disclosure confidential and shall not disclose the use of the medications or any medical conditions that the third party has knowledge of to the school district.

D. Results from a drug test conducted pursuant to this section shall not be given to a law enforcement official without the consent of the school personnel member tested."