(a) A school district or regional educational attendance area that provides for the transportation of pupils shall require that the drivers of motor vehicles used to transport pupils submit to testing for the use of drugs and alcohol. The testing program must include random testing. A driver who tests positive for the improper use of drugs or alcohol may be disciplined, including termination from employment.
(b) For a driver who is not required to have a commercial driver's license, an employer
(1) shall keep and maintain records of the testing for improper use of drugs or alcohol on a confidential basis and may only release the results with the written consent of the employee; and
(2) may not retain false positive test results in the employee's employment records and may not release information about a false positive test without the written consent of the employee.
(c) The department shall adopt regulations to implement this section. The regulations must include a provision for a hearing before discipline is imposed.
(d) In this section, “improper use of drugs or alcohol” means use that constitutes a criminal offense and use that violates regulations adopted by the department under this section.
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