BP4119.41 Certificated Personnel Employees with Infectious Disease The Governing Board encourages each employee to inform the District as soon as possible if he/she contracts an infectious disease which creates a physical or mental disability. The Board will assess the ability to reasonably accommodate the needs of such individuals. The Superintendent may reassign or grant disability leave to an employee who is unable to perform his/her job responsibilities because of illness or because the employeeís illness significantly endangers his/her health or safety or the health or safety of others. No employee will be discriminated against because of his/her disability. Legal protections established for disabled persons extend to individuals significantly impaired by infectious diseases. When informed that an employee has a disabling infectious disease, the Superintendent or designee may request that the employee sign a release form to provide confidential medical information and records. In determining whether a reasonable accommodation of the employeeís condition is possible, the Superintendent or designee may consult with public health officials or physicians with expertise in the diagnosis and treatment of infectious disease. The Superintendent or designee may also communicate with the employeeís physician regarding the employeeís ability to perform the essential requirements of the job with reasonable accommodation and without posing significant health or safety risks to the employee or others. The Superintendent or designee shall prepare a confidential report which includes his/her recommendation and the medical information upon which it is based. These recommendations shall take into consideration: 1. The nature of the disease and the probability of its being transmitted, including the duration and severity of the risk. 2. The physical condition of the employee, including diagnosis, treatment, and prognosis of the condition. 3. The actual requirements of the employeeís job and the expected type of interaction with others in the school setting. This report shall be forwarded to the Board for confidential review and action. The job assignment of an employee with a disabling infectious disease shall be reevaluated whenever there is a change in medical knowledge or in the employees medical regimen or health which might affect his/her assignment or employment. Confidentiality The Board and the Superintendent or designee shall ensure that employee rights to confidentiality are strictly observed. The District shall disclose medical record information only to the extent required or permitted by law. The medical records of any employee with a disabling infectious disease shall be held in strict confidence. Legal Reference: CIVIL CODE 56-56.37 Confidentiality of medical information GOVERNMENT CODE 12900-12996 Fair Employment and Housing Act HEALTH AND SAFETY CODE 129975-121020 Mandated blood testing and confidentiality to protect public health CODE OF REGULATIONS, TITLE 2, 7293.5 et seq. REHABILITATION ACT OF 1983, 29 U.S.C. 12101 et seq. AMERICANS WITH DISABILITIES ACT, 42 U.S.C. 12101 et seq. School Board of Nassau County, Fla. v. Arline, 408 U.S. 273 (1987) Adopted: Revised: