Schools-drug testing.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0576

HOUSE BILL
NO.
HB0239

Schools-drug testing.

Sponsored by:
Representative(s) Harshman, Goggles, Hinckley, Warren, Wasserburger and White

A BILL

for

AN ACT relating to public schools; providing state assistance to school districts for drug testing programs; imposing duties upon the department of education and specifying application criteria; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

(a)

The Wyoming legislature recognizes that substance abuse continues to be a problem in Wyoming public schools and drug testing would assist school districts in identifying, intervening and treating students with substance abuse problems before reaching the age of majority and entering the criminal justice system. Based upon test results, school districts could employ a combination of responses to address the prevention, treatment, education and awareness of substance abuse by their students.

(b)

To assist school districts with drug testing and prevention programs, a district may apply to the department of education for state assistance to fund expenses associated with planning and implementing testing programs for the unlawful use of controlled substances within the boundaries of property used by the district primarily for the education of students in grades seven (7) through twelve (12), including within school vehicles and at facilities in which school activities and events are held. The application shall be on a form and in a manner specified by the department and shall include a description of the program and policies adopted by the district board of trustees addressing:

(i)

Confidentiality of test results and records;

(ii)

District liability for knowledge of student drug use;

(iii)

Constitutional protection of privacy;

(iv)

Consent to testing by a student's parent or guardian.

(c)

To secure funding during school year 2005-2006, district applications under subsection (b) of this section shall be filed with the department by not later than August 1, 2005. The department shall by rule and regulation establish a procedure for reviewing district applications and for awarding assistance subject to the following:

(i)

District allocations shall be made from funds appropriated by the legislature under section 2 of this act;

(ii)

Each applicant district approved by the department shall be allocated an amount equal to the greater of the following:

(A)

Ten dollars ($10.00) per ADM within grade levels targeted by the district's program specified within its application, plus ten thousand dollars ($10,000.00) for program administration; or

(B)

Fifty thousand dollars ($50,000.00).

(iii)

In the event amounts appropriated under section 2 of this act are insufficient for payments under this section, the department shall make a pro rata reduction in the distributions to all approved district programs.

(d)

Each recipient district shall report expenditures of payments distributed under this section to the department in a manner and at the time specified by the department. The department shall report a compilation of the district expenditure reports to the joint education interim committee not later than September 1, 2006.

Section

2.

Five hundred thousand dollars ($500,000.00) is appropriated from the school foundation program account for payments to districts in accordance with section 1 of this act.

Section 3
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0239