Vista USD | AR 4112.4 Personnel
No applicant shall be initially employed in a classified or certificated position unless, within the past 60 days, he/she has submitted to an intradermal or other tuberculin test licensed by the Food and Drug Administration and, if that test was positive, has subsequently obtained an X-ray of the lungs. The applicant shall submit to the district a certificate signed by the examining licensed physician indicating that he/she is free of active tuberculosis. (Education Code 49406; 5 CCR 5503)
The cost of the pre-employment tuberculosis examination shall be paid by the applicant.
An applicant who was previously employed in another California school district may fulfill the tuberculosis examination requirement either by producing a certificate showing that he/she was examined within the last four years and found to be free of active tuberculosis or by having his/her previous school district employer verify that it has on file a certificate which contains that evidence. (Education Code 49406)
Every district employee who tests negative shall undergo a tuberculosis examination at least once every four years, or more often if so directed by the Board of Education upon recommendation of the county health officer, for as long as the employee's test remains negative. An employee with a documented positive test for tuberculosis infection shall no longer be required to submit to the examination but shall be referred to the county health officer within 30 days of the examination to determine the need for follow-up care. (Education Code 49406)
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 a 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 shall determine by resolution, after a hearing, that the health of students would not be jeopardized. (Education Code 49406)
The Superintendent or designee may exempt a pregnant employee from the requirement that a positive tuberculin test be followed by an X-ray of the lungs, for a period not to exceed 60 days following termination of the pregnancy. (Education Code 49406)
Medical Certification for Communicable Diseases for Certificated Employees
It is the policy of the district not to discriminate against applicants or employees based upon physical or mental or medical condition as defined by federal and state law. Any refusal to hire an employee or to retain an employee who qualifies as disabled under state and/or federal law will be based upon an individualized medical inquiry which shows that the particular handicapped applicant or employee is unable to perform the essential functions of a particular position or is unable to perform them in a manner that does not pose an imminent and substantial danger to the applicant or employee's health or safety or the health and safety of others, and that the individual cannot be reasonably accommodated without undue financial and administrative burdens or without a fundamental alteration of a position or program.
If the disability involves a communicable disease, an individualized medical inquiry will be made to determine how the disease is transmitted; how long the individual may be infectious; the nature and severity of the potential harm to others; and the probability of transmission of the disease to determine if the individual is otherwise qualified for the position. The district will adhere to all laws requiring reasonable accommodation for qualified disabled individuals.
A refusal to hire or retain will not be made until the applicant or employee has been provided a reasonable opportunity to provide medical evidence at the individual's own expense.
The Board shall not fill a position requiring certification with an applicant who has not previously been employed in a certificated position in California or a retirant who has not been employed as a retirant, unless the district has on file a medical certification completed and submitted by a physician, physician assistant, registered nurse, or commissioned medical officer. (Education Code 44839 and 44839.5)
The medical certification shall certify that the applicant or retirant is free from any disabling disease which would render him/her unfit to instruct or associate with children. The medical examination referred to in the certificate must have been conducted within six months of the date that the certificate is filed. (Education Code 44839, 44839.5; 5 CCR 5503)
The Board may require certificated employees and/or retirants to undergo, at district expense, a periodic medical examination pursuant to Education Code 44839 or 44839.5 to determine that they are free from any communicable disease making them unfit to instruct or associate with children. (Education Code 44839, 44839.5)
Applicants for Position
The District requires that each employee obtain a medical certificate showing whether the applicant is free from any disabling disease unfitting the applicant to work or associate with children.
The medical certificate shall be presented to the Assistant Superintendent Human Resources by a physician and/or surgeon licensed under the Business and Professions Code, a commissioned medical officer exempt from licensure by section 2144 of the Business and Professions Code, or a commissioned medical officer in the United States Air Force.
The medical examination must have been conducted not more than six (6) months prior to the submission of the certificate and shall be at the expense of the applicant.
Any offer of employment shall be subject to the submission of the required medical certificate.
Notwithstanding section 44031 of the Education Code, the medical certificate shall become part of the personnel record of the employee and shall be open to the employee or his or her designee for inspection.
The District will provide to the first time applicants for employment in positions requiring certification a form entitled "Certificate of Medical Examination of Applicants for First Employment in California School District or County Superintendent of Schools Office." A description of the functions to be performed by the applicant in terms of activities will be attached to the form.
Where the results of such medical examination would result in disqualification, an applicant may submit an independent medical opinion for consideration before a final determination of disqualification is made.
The Assistant Superintendent, Human Resources may require employees to undergo periodic medical examinations under the same conditions and for the same purpose as that provide to applicants in the section above, "Health Examinations," except that such examinations shall be at the District expense.
Mental Examination for Certificated Employees
The Assistant Superintendent, Human Resources may require an employee who shows evidence of any mental illness which may be interfering with job performance to undergo examination by a licensed physician and/or surgeon selected by the district at the district's expense. The employee has the right to have a similar examination by the employee's own physician at the employee's own expense and to have such personal physician present at the examination by the physician selected by the district. Both the district and the employee shall be entitled to all reports of such examinations. Any such reports shall be treated as confidential medical records. The Assistant Superintendent, Human Resources may require additional examinations if in this his/her opinion, such additional examinations are necessary to provide or corroborate medical information. The cost of such additional examinations shall be borne by the district.
Employees with health problems or medical conditions which render them unfit to work or associate with children and which cannot reasonably be accommodated may be subject to dismissal or termination from employment upon expiration of any leaves to which they are entitled and to any rights to reemployment under state or federal law.
(cf. 4117.14/4217.14 - Postretirement Employment)
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
45122 Physical examinations
49406 Examination for tuberculosis
BUSINESS AND PROFESSIONS CODE
3500-3546 Physician assistants
HEALTH AND SAFETY CODE
121525 Private and parochial school employees, 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
Doe v. Lincoln Unified School District, (2010) 188 Cal.App.4th 758
Leonel v. American Airlines, Inc., (2005) 400 F.3d. 702
Raven v. Oakland Unified School District, (1989) 213 Cal.App.3d 1347
California Department of Public Health: http://www.cdph.ca.gov
Centers for Disease Control and Prevention: http://www.cdc.gov
Public Health Institute: http://www.phi.org
U.S. Food and Drug Administration: http://www.fda.gov
Regulation VISTA UNIFIED SCHOOL DISTRICT
approved: October 21, 2010 Vista, California