Skip to Page Content Skip to the search box and translation tools

Regulations Manual

Administrative Regulations Manual & Procedures

Under Policy Governance®, within the directives and limitation listed in the Board Governance Policies, the Board delegates the development and implementation of Administrative Regulations and procedures to the Superintendent and staff, except in regard to issues for which they are mandated by law to take direct action. A comprehensive review and revision of all District policies and procedures was completed between August and December 2015, and the conversion to an Administrative Regulations Manual was completed on February 1, 2016.

Regulations establish legal records and standards of conduct for the school district. Regulations can provide a bridge between the School Board's philosophy and goals and the everyday administration of programs.

The Issaquah School District is continually updating Regulations and procedures to keep current with state laws and regulations as well as best practices. Regulations or procedures on this website may be in transition or in process of being revised. Please contact Tricia Romo, Public Records Officer, if you have a specific policy question or to double-check on a Regulation.

Search Regulations

Browse Regulations by Series

5000 - Human Resources

Federal Motor carrier Safety Administration Mandated Drug and Alcohol Testing Program - 5202


Code: 5202

Adopted: 11/5/2010

Last Revised Date: 1/18/2006

Related Procedures:

The Superintendent shall establish programs and procedures as mandated by and in accordance with Federal Motor Carrier Safety Administration (FMCSA) controlled substances and alcohol testing rules.

A. Prohibited Alcohol And Controlled Substance-Related      Conduct

The following alcohol and controlled substance-related activities are prohibited by the District for drivers required to possess a commercial driver's license (CDL) as part of their job responsibilities. Violations shall result in appropriate corrective action ranging from removal from the performance of safety-sensitive functions up to and including discharge.

  1. Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration in excess of the standard set by the FMCSA, 0.04 or
  2. Being on duty or operating a vehicle while the driver possesses alcohol.
  3. Using alcohol while or within four hours of performing safety-sensitive functions.
  4. When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
  5. Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion, or follow-up testing requirements.
  6. Reporting for duty or remaining on duty when using any controlled substance, except when instructed by a licensed medical practitioner who has advised the driver and the District that the substance does not adversely affect the driver's ability to safely operate a vehicle. Drivers are required to inform the District of any therapeutic drug use, although not the medication that has been prescribed. The use of any medication that could affect a driver’s safe job performance is prohibited while working.
  7. Reporting for duty, remaining on duty or driving if the driver tests positive for controlled substances.

No supervisor having actual knowledge of the above violations shall permit a driver to perform or continue to perform safety-sensitive functions.

B. Testing Requirements

The following identify the occasions on which a driver shall be subject to alcohol or controlled substances testing. The superintendent is responsible for the development and implementation of procedures for conducting the tests and administering the exemptions consistent with the federal rules.

  1. Pre-employment testing: Prior to the first time a driver performs a safety-sensitive function for the District, the driver shall undergo testing for controlled substances. This testing requirement may be waived under FMCSA rules for CDL drivers recently employed elsewhere for whom testing records are available from their previous employers.
  2. Post-accident testing: Each surviving driver of an accident, as defined in 5202P shall be tested for alcohol and controlled substances.
  3. Random testing: Annually the District will arrange for the unannounced random alcohol and controlled substances testing of its drivers. Twenty-Five percent (25%) of the District's drivers must be randomly selected for controlled substances testing each year, and 10% of its drivers for alcohol testing (or whatever level of testing is required in a given year by the FMCSA. Alcohol testing under this program shall take place just prior to, during or immediately after the driver engages in a safety-sensitive function for the District.
  4. Reasonable suspicion testing: A driver must submit to alcohol or controlled substance testing whenever a trained supervisor has a reasonable suspicion of alcohol misuse or controlled substance use based on specific, contemporaneous and articulable observations concerning the appearance, behavior, speech or bodily odors of the driver. Observations related to using alcohol must be made just prior to, during or immediately after the driver engages in a safety-sensitive function for the District, and the alcohol test must be given within eight hours following the determination of reasonable suspicion.
  5. E. Return-to-duty testing: If a driver is to be returned to performing safety-sensitive functions for the District after violating this Regulation or the federal regulations, the driver shall be evaluated by a qualified Substance Abuse Professional (SAP) who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and use of controlled substances. SAPs must require education and/or treatment in all such cases. If a driver is to be returned to performing safety-sensitive functions for the District following a violation of this Regulation or the federal regulations, the driver shall first be evaluated by a SAP to determine that the driver has properly followed any rehabilitation prescribed. Before a driver could be returned to performing safety-sensitive functions for the District following a violation of this Regulation and/or the federal regulations, the driver shall undergo a return-to-duty alcohol and/or controlled substances test resulting in an alcohol concentration below 0.02 alcohol concentration and/or a negative controlled substances test.  The District retains the right to solely determine whether a employee who has violated this regulation will be returned to performing safety sensitive functions.
  6. Follow-up testing: Any driver that continues performing safety-sensitive functions for the District, following a violation of this Regulation or the federal regulations shall be subject to such follow-up alcohol or drug testing as directed.

C. Record Retention And Reporting

The superintendent is responsible for developing procedures for securely retaining records collected under this Regulation with controlled access and for the time periods established by the federal regulations. The superintendent is also responsible for developing procedures for reporting data collected under this Regulation as required by the federal regulations.

D. Education, Training And Referral Services

The superintendent shall adopt educational materials that explain the requirements of this Regulation and the federal program. The educational materials shall be distributed to each driver prior to the start of the testing program and to each driver subsequently hired or transferred into a position covered by this Regulation. Each driver after receiving a copy of the materials shall sign a certificate of receipt and the District shall maintain the original of the receipt. The collective bargaining representative of the drivers, if any, shall be notified of the availability of this information. The educational materials shall include:

A copy of this Regulation and subsequent procedures;

  1. The name of the person designated to answer questions about the materials;
  2. B. The categories of employees covered by the Regulation;
  3. A description of safety-sensitive functions, so that drivers will know which part of their tasks will be covered by this Regulation;
  4. A specific description of conduct prohibited by this Regulation and the federal program;
  5. The circumstances under which a driver is subject to testing;
  6. The procedures used in the testing program, especially those that protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
  7. The requirement that drivers must submit to testing required by this Regulation and the federal program, and a description of what constitutes refusal to submit to required testing and the consequences of refusal;
  8. The consequences for drivers who violate this Regulation and the federal program, including immediate removal from conducting safety-sensitive functions;
  9. The consequences for drivers found to have alcohol concentrations between 0.02 and 0.04; and will result in the driver being removed from all safety sensitive duties for at least 24 hours.
  10. Information about the effects of alcohol and controlled substances on an individual's health, work and personal life and methods of intervening when a problem with alcohol or a controlled substance is suspected, including confrontation, referral to the staff assistance program and referral to management.

Supervisors designated to determine if reasonable suspicion exists that a driver is under the influence of alcohol or controlled substances must have at least sixty minutes of training on alcohol misuse and at least sixty minutes of training on use of controlled substances. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.

The employed driver who violates this Regulation or the federal regulations shall be informed of resources available for evaluation and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of SAPs and counseling and treatment programs. Costs incurred by the driver for evaluation and/or rehabilitation are the driver's responsibility (other policies may apply).

Cross References:

Regulation:

Legal References:

  • 49 CFR §§ 382.101-382.605
  • 49 CFR § 40
Top