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BP 4119.41/4219.41/4319.41

Employees with Infectious Disease

Section:
4000 - Personnel
Status:
Active
Adopted:
2021-11-18

BP 4119.41/4219.41/4319.41 — Employees with Infectious Disease

Section: 4000 - Personnel
Status: Active

Adopted: 2021-11-18

Policy text

Employees with Infectious Disease

The Governing Board desires to promote the health of district students and staff in order to reduce absenteeism and enhance employee and student performance.  The Superintendent or designee shall develop strategies to prevent the outbreak or spread of infectious diseases at district schools.

An infectious disease is one that is caused by a microorganism and is potentially transmittable to another individual, whether through airborne transmission, bloodborne transmission, skin-to-skin contact, foodborne transmission, or other casual or noncasual means.  A communicable infectious disease, such as influenza or chickenpox, is contagious and can be readily transmitted by infectious bacteria or viral organisms.

In accordance with the law, job applicants shall be required to provide evidence that they are free of tuberculosis or any other communicable infectious disease prior to beginning employment.

To prevent the outbreak or spread of infectious diseases, the Superintendent or designee may provide infection prevention supplies and information to employees, including information about recommended vaccinations. Employees also shall observe universal precautions to avoid contact with potentially infectious blood or other bodily fluids.

Plans for addressing a communicable infectious disease outbreak, including, but not limited to, plans for addressing employee shortages during such an outbreak, shall be included in the district’s emergency preparedness plan.

The Superintendent or designee shall immediately report to the local health officer the presence or suspected presence of any communicable infectious disease. In addition, a school nurse or other health care provider who knows of or is in attendance on a case or suspected case of any of the diseases or conditions listed in 17 CCR 2500 shall make a report to the local health officer.  If no health care provider is in attendance, any individual having knowledge of a person who is suspected to be suffering from one of the specified diseases or conditions may make a report to the local health officer.

Nondiscrimination/Reasonable Accommodation

The district shall not discriminate against any employee or job applicant who has an infectious disease that meets the federal or state definition of a disability under the Americans with Disabilities Act, California Fair Employment and Housing Act, or Section 504 of the Federal Rehabilitation Act.

Upon request, any qualified person with a disability shall be provided reasonable accommodation to perform the essential duties of his/her position in accordance with the criteria and processes described in AR 4032 - Reasonable Accommodation.

EDUCATION CODE

Ed. Code 44839 Medical certificate; periodic medical examination

Ed. Code 44839.5 Requirements for employment of retirant

Ed. Code 49406 Examination for tuberculosis

CIVIL CODE

Civ. Code 56-56.37 Confidentiality of medical information

FEDERAL REGULATIONS

Gov. Code 12900-12996 Fair Employment and Housing Act

STATE REGULATIONS

2 CCR 7293.5-7294.2 Discrimination based on disability

5 CCR 5502-5504 Medical certification

17 CCR 2500-2511 Communicable disease reporting requirements

U.S. CODE

29 USC 794 Rehabilitation Act of 1973, Section 504

42 USC 12101-12213 Americans with Disabilities Act

COURT DECISIONS

School Board of Nassau County, Florida v. Arline, (1987) 408 U.S. 273

Chevron USA v. Echazabal, (2002) 536 U.S. 73, 122 S.Ct. 2045