HOUSE BILL NO. 391
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 29, TITLE 14 OF THE DELAWARE CODE RELATING TO TRANSPORTATION OF PUPILS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 29, Title 14 of the Delaware Code by adding a new Section thereto to read as follows:
"§2910. Disqualification of school bus drivers.
Any school bus driver qualified to drive a school bus within the State pursuant to a school bus driver's license issued pursuant to §2708 or §2709 of Title 21 of the Delaware Code shall be immediately suspended without pay, pending termination, as a school bus driver should the results of any drug test administered pursuant to the rules and regulations of the Department of Public Instruction be positive for controlled substances classified in Schedule I, II, III, IV or V of Chapter 47 of Title 16 of the Delaware Code. Any school bus driver testing positive to such a drug test shall have the right to request and pay for further analysis of their drug test, pursuant to the rules and regulations of the Department of Public Instruction, to determine whether the result was a false positive. In the event that the school bus driver testing positive to a drug test requests further analysis and the result of the drug test proves to be a false positive or is inconclusive, the school bus driver shall have his or her employment reinstated and his or her pay restored. Anyone failing to exercise their right of further analysis of a positive drug test shall be terminated as a school bus driver 10 days after receiving notice of their suspension without pay and may never be rehired as a school bus driver in the State. Anyone exercising their right of further analysis of a positive drug test shall be terminated upon the completion of the further analysis unless the result of the-drug test proves to be a false positive or is inconclusive."
Approved July 12, 1994.