FILE:  GAMFA

Cf:  JGCC

 

EMPLOYEE COMMUNICABLE DISEASES

 

 

The West Baton Rouge Parish School Board recognizes the importance of protecting the health and welfare of students, teachers, and other employees of the educational system from the spread of communicable diseases.

 

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

 

The Superintendent may only exclude an employee from their employment setting under either of the following conditions:

 

  1. 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 employee shall be excluded from the workplace until state, federal, or local health officials determines the condition is no longer considered contagious and approves the employee’s return to work.

  2. 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 body fluids within the school setting or on school buses.  School personnel shall be trained in the proper procedures for handling body fluids and these procedures shall be strictly adhered to by school personnel (see policy GAMFB, Guidelines for Handling Body Fluids in School).

 

REVIEW PANEL

 

Upon learning that an employee has a communicable disease that is known not to be spread by casual contact, the Superintendent shall convene a Review Panel, consisting of the Superintendent or his/her designee and other members as outlined in Bulletin 135, Health and Safety, to review the health condition of the employee, the potential health threat the condition may pose, and other related aspects.  Due process procedures shall be conducted on a case-by-case basis by the Review Panel as enumerated in Bulletin 135.

 

Within three (3) operational days (i.e. a day when the School Board Central Office is open for business) after the Review Panel convenes, the Superintendent shall provide a written decision to the employee.  The written decision shall convey information brought out during the review process and include the rationale for the decision concerning the employee’s continued presence in the workplace.

 

APPEALS

 

Appeals may be made by the affected employee in writing to the Superintendent and subsequently to the School Board as outlined in Bulletin 135, Health and Safety.  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 attendance at work of an employee with a communicable disease shall be required to treat all medical information about the employee, any proceedings, deliberations, and/or documents as confidential information.

 

Before any medical information is shared with anyone in the school or work 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 (BESE) policy.

 

New policy:  November 28, 2018

 

 

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

La. Rev. Stat. Ann. §§17:81, 17:170, 17:437, 17:1941

Health and Safety, Bulletin 135, Louisiana Department of Education

Board minutes, 11-28-18

 

West Baton Rouge Parish School Board