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9320 Drug-Free Workplace

  • 9000: Personnel and Negotiations
9320 Drug-Free Workplace

(This policy replaces previously approved Board of Education Policy #4214.2 –Drug and Alcohol Abuse Policy)

The Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of alcohol or any controlled substances “or designer drugs” in the workplace. “Workplace” shall mean any site on school grounds, at school-sponsored activities, or any place in which an employee is working within the scope of his/her employment or duties. “Controlled substances” shall include all drugs, which are banned or controlled under federal or state law, including those for which a physician’s prescription is required, as well as any other chemical substance which is deliberately ingested to produce psychological or physiological effects, other than accepted foods or beverages. This includes any substance taken in a manner not for its intended use (i.e. Improper or unsafe use of prescription substances). “Alcohol” shall include, but not be limited to, distilled spirits, wine, malt beverages, beer, wine coolers and other beverages and/or foods that contain alcohol, as well as any other food or beverage deliberately ingested to produce an intoxicating effect. 

The Superintendent of Schools or his/her designee shall implement related regulations, which outline the requirements of the federal Drug-Free Workplace Act of 1988, and this policy.


Cross-ref: 9220, Staff Qualifications


Drug-Free Workplace Act (DFWA), 41 USC §§702-707

Controlled Substances Act, 21 USC §812

21 CFR §§1300.11-1300.15

34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)

Civil Service Law §75

Education Law §3020-a

Patchogue-Medford Congress of Teachers v. Board of Education,

70 NY2d 57 (1987)



Adopted by the Board of Education: 02/11/88
Revised Policy adopted by the Board of Education: 04/09/92
Approved by the Board of Education: 12/16/10
Revision approved by the Board of Education: 04/14/1