What Happens if a Teacher Fails a Drug Test?

Teachers are expected to be role models to their students, and drug use among educators is heavily discouraged by school administrators. But what happens if a teacher fails a drug test? Do they instantly get fired?

If a teacher fails a drug test, the school administration can choose to fire the teacher. If the drugs in question are highly illicit or considered dangerous (e.g., methamphetamines), the school might also contact law enforcement. Administrators may require drug counseling instead of firing.

This article will explore what happens if a teacher fails a drug test. We’ll also explore whether drug testing for educators is mandatory.

Table of Contents

Can a Teacher Get Fired for Failing a Drug Test?

A teacher can get fired for failing a drug test. But the decision whether or not to fire an educator due to drug use falls to the school administration. Some administrators may recommend drug counseling instead of terminating a teacher’s employment.

Most drug tests test for the presence of opiates, amphetamines, marijuana, and cocaine. Typically, the school administration’s response to a failed drug test depends on which of these substances a teacher tests positive for.

For example, suppose a teacher tests positive for marijuana but has a medical marijuana card (and resides in a state where marijuana is decriminalized). In that case, they might not face any punitive action.

If you’re a teacher looking to obtain a medical marijuana card, you’ll need to research whether your state offers employment protection for medical marijuana patients. Teachers have been fired for medical marijuana use, such as a Florida teacher (Brevard County) in 2021.

But marijuana is generally considered far less punishable than other drugs. If a teacher tests positive for fentanyl or methamphetamine, drugs considered dangerous and highly illegal, school administrators may fire the instructor immediately and contact law enforcement.

Potential Outcomes of Failing a Drug Test

There are three potential consequences that teachers face after failing a drug test:

Getting fired
Being forced to seek drug counseling
Incurring criminal charges

The likelihood of each of these consequences varies depending on the type of drug a teacher tests positive for and the discretion of the school administration.

Law enforcement intervention is far rarer than employment termination. But if an educator tests positive for a highly illicit substance, or the school administration believes the instructor may have illegal drugs in their possession, law enforcement can intervene and potentially press criminal charges.

Still, it’s crucial to note that most teachers in the United States are not required to submit to regular mandatory drug testing.

Are Drug Tests Mandatory for Teachers?

Currently, there is no nationwide rule about drug testing for teachers.

That said, some counties enforce drug testing for applicants seeking a teaching position. This pre-employment drug testing is particularly prevalent among private schools.

The choice to drug test teachers before hiring them falls to the specific county. This decision can be somewhat controversial, as shown in this news clip concerning Idaho’s drug testing policies for teachers:

In most cases, school administrators will only request drug testing for teachers when there’s a legitimate suspicion of drug use. This testing is requested to promote and maintain the safety and well-being of students and school staff.

Do Substitute Teachers Have To Undergo Drug Testing?

Like regular teachers, substitute teachers aren’t generally required to undergo drug testing before entering the classroom. However, some school districts may impose drug tests on substitute teachers before hiring them.

If you’re looking to become a substitute teacher and feel concerned about the possibility of having to submit to a drug test, be sure to enquire with your chosen school district about whether drug testing for substitute teacher applicants is required.

Can a Teacher Refuse a Drug Test?

While a teacher can refuse to take a drug test, they’ll likely face the consequences for refusing to. Some school districts consider a refusal to take a drug test as an instant positive result.

As such, teachers that refuse a drug test can get fired or face punitive action.

Substances That Teachers Aren’t Typically Tested For

If you’re a smoker or enjoy the occasional alcoholic beverage, you likely won’t fail a drug test. So, teachers who have alcohol or nicotine in their system upon taking a drug test aren’t likely to face any punitive action from their employers.

That said, most schools do punish teachers for arriving at school under the influence of alcohol. These punishments may include written reprimands, suspensions, or firing. In some cases, intoxicated teachers can face arrest.

Some school staff may also have informal discussions with teachers who come to school smelling of cigarettes or alcohol.

Because schools are designed to be safe places of learning that are drug-free, teachers are expected to exemplify a drug-free lifestyle, which includes presenting a sober and clean appearance.

Potential Exceptions To Failed Drug Tests

A failed drug test doesn’t necessarily mean that you’ll lose your job as a teacher. There are some exceptions, including medical marijuana use.

Additionally, a teacher who tests positive for opiates might face scrutiny from the school administration. However, if they’ve been prescribed opiates by their primary physician, the failed drug test might not result in a firing.

Teachers who are asked to submit to a drug test should be transparent about any medications they’re on that may trigger a positive result. Doing might decrease the chances of facing punitive actions from the school administration.

Conclusion

When a teacher fails a drug test, several things can happen. The teacher can be immediately fired, required to seek drug counseling, or charged with criminal activity (including drug possession).

The most likely outcome depends on the school administration and the type of drug the teacher tests positive for. Educators who test positive for marijuana can be fired or punished by their employer, although some states have laws protecting employment for marijuana patients.

Teachers who test positive for illicit and dangerous drugs are most at risk of jail time or arrest.

Sources

ABC Action News WFTS Tampa Bay: Elementary teacher arrested, accused of showing up to school ‘highly intoxicated’