School district personnel with a communicable disease will be allowed to perform their customary employment duties as long as they are able to perform the tasks assigned to them and as long as their presence does not create a substantial risk of illness transmission to the student or other personnel. The term “communicable disease” shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by the State Department of Health.
The health risk to immuno-depressed school district personnel shall be determined by their personal physician. The health risk to others in the school environment from the presence of employees with a communicable disease shall be determined on a case-by-case basis by public health officials.
Since there may be greater risks of transmission of a communicable disease for some persons with certain conditions than for other persons infected with the same disease, these special conditions, the risk of transmission of the disease, the effect upon the educational program, the effect upon the person and other factors deemed relevant by public health officials or the superintendent shall be considered in assessing school district personnel’s continued presence and performance of their employment responsibilities. The superintendent may require medical evidence that school district personnel with a communicable disease are able to perform their assigned duties.
A school district employee shall notify the superintendent or the school nurse when the employee learns the employee has a communicable disease. It shall be the responsibility of the superintendent, when the superintendent has knowledge that a communicable disease is present, to notify the State Department of Health. Rumor and hearsay shall be insufficient evidence for the superintendent to act.
Health data of an employee is confidential and it shall not be disseminated.
It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with school district personnel with a communicable disease.
Legal Reference: Board of Education of Nassau County v Arline, 107 S.Ct. 1123 (1989)
29 U.S.C. §701 et seq. (1988).
42 U.S.C. §12101 et seq. (Supp. 1990).
45 C.F.R. Pt. 84.3
Iowa Code Chapter 139 (1991).
641 Iowa Admin. Code 1.2-.5, .7
281 Iowa Admin. Code 22.15-.17
Cross Reference: 209 Committees of the Board of Directors
403.1 General Personnel Physical Examinations
507.3 Communicable Diseases – Students
Approved: 3-31-92
Reviewed: 9-12-22
Revised:
