FILE:  F-11.6a

Cf:  F-11.6b, H-3.6d

 

EMPLOYEE COMMUNICABLE DISEASES

 

 

The Central Community School Board recognizes the importance of protection of the health and welfare of students, teachers, and other employees of the educational system from the spread of communicable diseases, including AIDS.  The provisions contained herein shall be reviewed and revised regularly as necessary to reflect current medical research and legal opinion.

 

A communicable disease shall be defined as persistent or recurring infection which may be potentially transmitted to a susceptible person by contact with an infected individual.

 

When reliable evidence or information from a public health officer or physician confirms an employee of the School Board has a communicable disease or infection that is known to be spread by any form of casual contact and is considered a health threat to the school population or work environment, the Superintendent may exclude such person from school or employment for not more than five (5) days, or the amount of time required by state or local public health officials.  Such staff member shall be excluded unless the public health officer approves return to employment or the condition is no longer contagious.

 

When reliable evidence or information from a public health officer or physician confirms a staff member has a communicable disease or infection that is known not to be spread by casual contact, the decision as to whether or not the affected person shall remain in school or the employment workplace shall be addressed on a case-by-case basis by a Review Panel to ensure due process.

 

Infected employees shall inform appropriate school officials of the infection so that proper precautions for the protection of the students, other employees, and the infected employee can be taken.  Failure to do so may be grounds for termination of employment.

 

Irrespective of the disease presence, routine procedures shall be used and adequate sanitation facilities shall be available for handling blood or body fluids within the school setting or on school buses.  School personnel shall be trained in the proper procedures for handling blood and body fluids and these procedures shall be strictly adhered to by all school personnel (see policy F-11.6b, Guidelines for Handling Body Fluids in School).

 

REVIEW PANEL

 

Communicable diseases that are known not to be spread by casual contact shall be addressed on a case-by-case basis by a Review Panel.  Membership of the Review Panel, procedures for convening the Review Panel, and the process used to review the case shall be as outlined in Health and Safety, Bulletin 135, Louisiana Department of Education.

 

The Superintendent shall provide a written decision to the affected party within three (3) business days (i.e. a day when the School Board Central Office is open for business) after the Review Panel convenes.  The written decision shall convey information brought out during the review process and include the rationale for the decision concerning school attendance of the employee.

 

APPEALS

 

Appeals may be made by the affected employee in writing to the Superintendent and subsequently to the School Board as outlined in Health and Safety, Bulletin 135, Louisiana Department of Education.  If the written decision of the Superintendent is contrary to the majority opinion of the Review Panel, a majority of the Review Panel has the right to appeal the decision in the same manner as outlined in Bulletin 135.

 

CONFIDENTIALITY

 

All persons involved in procedures to assess work attendance of an employee with a communicable disease that is not spread by casual contact shall be required to treat all medical information about the employee, proceedings, deliberations, and documents as confidential information.  Records of the proceedings and the decisions shall be kept by the Superintendent in a sealed envelope with access limited to only those persons receiving the consent of the parent/guardian or infected person, in accordance with state or federal law.

 

Before any medical information is shared with anyone in the school setting, a Need to Know review shall be made which includes the employee or his/her representative, unless the information is required to meet the mandates of federal or state law or regulation, or Louisiana Board of Elementary and Secondary Education policy.

 

The identity of an infected individual or an individual believed to be an infected individual shall be revealed only to those who have a need to know.  If an infected individual is permitted to remain in the school setting after a determination has been made, employees who will have regular personal contact with the individual shall be informed of his or her identify and provided with appropriate information as to the individual's medical condition.  They also shall be informed of public health precautions which should be taken.  Persons informed of the identity of an infected person shall not disclose such information to others except as authorized under this policy.

 

Revised:  November 9, 2015

 

 

Ref:    20 USC 1232(g-i) (Family Educational Rights and Privacy Act)

20 USC 1400-1482 (Education of Individuals with Disabilities)

La. Rev. Stat. Ann. ยงยง17:170, 17:436, 17:437, 17:1941

Health and Safety, Bulletin 135, Louisiana Department of Education

Board minutes, 11-9-15

 

Central Community School Board