Sweetwater Un HSD | AR 4312.4 Personnel
No classified or certificated applicant shall be initially employed unless the person has submitted to a tuberculosis risk assessment within the past 60 days, and, if tuberculosis risk factors are identified, has been examined to determine that he or she is free of infectious tuberculosis by a physician and surgeon, a physician assistant, or a nurse practitioner. If no risk factors are identified, an examination is not required. A person may submit to an examination instead of submitting to a tuberculosis risk assessment. (Education Code 49406 (a); 5 CCR 5503)
Applicants shall pay for the cost of the pre-employment tuberculosis examination.
Employees who test negative on the initial tuberculin skin test shall undergo a tuberculosis examination at least once every four years. However, upon recommendation of the county health officer, the district may order more frequent testing. (Education Code 49406)
Applicants Transferring From Another School District
A person who transfers his/her employment from another school district or from a private or parochial elementary, secondary, or nursery school to the district shall have met the requirements identified above if either of the following conditions are met:
1. The applicant provides the district with a certificate which shows that the applicant was examined within the past four years and was found to be free of communicable tuberculosis; or
2. Verification is received from the applicant's previous school employer proving that it has a certificate on file which shows that the applicant was examined within the past four and was found to be free of communicable tuberculosis.
Pregnant Applicants and/or Employees
A pregnant applicant and/or employee shall be exempt from the requirement that a positive intradermal tuberculin test be followed by an x-ray of the lungs for a period not to exceed 60 days following termination of the pregnancy.
Failure to Comply
Failure by an employee to maintain evidence of freedom from active tuberculosis on file with the division of Human Resources at all times will subject the employee to immediate removal from his/her assignment and placement on a compulsory unpaid leave of absence. Employees will be notified prior to any unpaid leave.
If an employee's religious belief prevents him/her from undergoing a tuberculosis examination, the employee shall file an affidavit stating that he/she adheres to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion, and that to the best of his/her knowledge or belief he/she is free from active tuberculosis. In order to exempt the individual, the Board of Trustees shall determine by resolution, after a hearing, that the health of students would not be jeopardized. (Education Code 49406)
Medical Certification for Communicable Diseases for Certificated Employees
When a new employee in a position requiring certification has not previously been employed in such a position in California or a retirant has not previously been employed as a retirant, he/she shall have a medical certificate on file with the district stating that he/she is free from any disabling disease which would render him/her unfit to instruct or associate with children. The certificate shall be completed by a licensed physician and returned to the district by the physician. The medical examination referred to in the certificate must have been conducted within six months of the time when the certificate is filed. (Education Code 44839, 44839.5; 5 CCR 5503)
(cf. 4119.41/4219.41/4319.41 - Employees with Infectious Disease)
The Board may require a certificated employee or retirant to undergo a periodic medical examination by a physician to determine that the employee is free from any communicable disease making him/her unfit to instruct or associate with children. This periodic medical examination shall be at district expense. (Education Code 44839, 44839.5)
Mental Examination for Certificated Employees
A certificated employee may be suspended or transferred to other duties if the Board has reasonable cause to believe that the employee is suffering from mental illness of such a degree as to render him/her incompetent to perform his/her duties. In such a case, the district shall follow the process specified in Education Code 44942 and the district's collective bargaining agreement.
(cf. 4032 - Reasonable Accommodation)
(cf. 4118 - Suspension/Disciplinary Action)
44839 Medical certificate; periodic medical examination
44839.5 Requirements for employment of retirant
44932 Grounds for dismissal of permanent employee
44942 Suspension or transfer of certificated employee on ground of mental illness, psychiatric examination; mandatory sick leave
45122 Physical examinations
49406 Examination for tuberculosis
CODE OF REGULATIONS, TITLE 5
5502 Filing of notice of physical examination for employment of retired persons
5503 Physical examination for employment of retired persons
5504 Medical certification procedures
Raven v. Oakland Unified School District (1989) 213 Cal.App.3d 1347
Regulation SWEETWATER UNION HIGH SCHOOL DISTRICT
approved: November 17, 2008 Chula Vista, California
revised: November 8, 2016