Common Communicable Diseases
Individuals experiencing the more common communicable diseases will be excluded and re-admitted in a manner consistent with the recommendations of the Oakland County Health Division Communicable Disease Reference Chart. Oakland County Health Division personnel will be contacted for consultation and clarification.
Less Common Communicable Diseases That Do Not Have Carrier States
The Oakland County Health Division will be contacted for consultation and recommendations concerning the exclusion and re-admittance of individuals experiencing less common communicable diseases without carrier states.
Less Common Communicable Diseases With Carrier States
Communicable diseases that are less common and have a carrier state include, but are not limited to, AIDS, ARC (AIDS Related Complex), and HIV infection. This includes people with AIDS as defined, for reporting purposes, as those who are diagnosed by their physicians as having an illness due to infection with HIV, but who do not meet the case definition, and those who are asymptomatic, but have virologic or serologic evidence of infection with HIV. This also includes other diseases, such as Hepatitis B or Typhoid, that are transmitted by blood, other body fluids and products and which present potential health problems for those who come in contact with the disease.
- Where the superintendent has reason to believe that a staff member of the district has a less common communicable disease with a carrier state, he/she shall meet with the individual in question and discuss the matter. If, following this meeting, the superintendent reasonably believes that the person may, in fact, have a communicable disease as defined in this section, he/she shall inform the person that he/she shall not report to work, or attend any school-sponsored activity, unless and until a physician’s statement has been produced certifying that the person’s continued presence in the work setting poses no health risk to the person or others. An employee so excluded shall continue to receive his/her regular compensation during this initial period of exclusion.
- Upon determining that there is reason to believe that a staff member may be afflicted with a communicable disease within the meaning of this section, the superintendent shall select an advisory team and direct the team to meet within 5 school days. The advisory team may be comprised of the following individuals:
- An official representative of the district, designated by the superintendent, who will chair the advisory team.
- The principal of the school of the affected staff member.
- A physician who is treating the affected individual.
- A physician appointed by the superintendent to represent the district.
- A representative of the Oakland County Health Division.
- The affected employee and/or his/her representative.
- Other persons designated by the superintendent or the advisory team.
- The advisory team shall make a written recommendation to the superintendent, based upon the affected staff member’s neurological and physical condition and the expected type of interaction with others in the affected staff member’s work setting, as to whether the person should be excluded from the employment setting and all school-sponsored activities, restricted in his/her activities in the employment setting, or remain in an unrestricted employment setting.
- If the advisory team recommends that the staff member remain in his/her present employment setting, but that he/she be restricted from participating in certain activities, or that consideration be given to an alternate setting within the district, the team shall expressly so state in writing. The advisory team shall further set forth, in writing, the precautionary/sanitary measures, if any, that should be taken to protect the health and welfare of the staff member and the school community.
- If the advisory team recommends that the staff member remain in an unrestricted employment setting, the team must so state in writing, and further state what precautionary/sanitary measures, if any, should be taken to protect the health and welfare of the staff member and the school community.
- If the advisory team recommends that the affected staff member be totally excluded from his/her former employment setting based upon his/her neurological and physical condition and expected type of interaction with others in that setting, the team must so state in writing. The advisory team shall also state the conditions under which it would consider the employee’s return to a restricted or unrestricted employment setting.
- The advisory team shall provide the superintendent with its written recommendations within 10 working days of its meeting, unless the team determines that additional time is necessary in order to obtain pertinent medical information regarding the staff member’s condition and/or that additional diagnostic testing is necessary for a thorough review of the matter.
- In the event that the advisory team’s decision is not unanimous, the dissenting member(s) shall be given the opportunity to attach a written dissenting report to the advisory team’s recommendations within 24 hours of the presentation of the advisory team’s report to the superintendent.
- Upon the superintendent’s receipt of the advisory team’s written report, the superintendent shall, within 5 school days, make a determination regarding the employee’s status. The superintendent’s determination shall be based upon whether, with reasonable accommodation, the student or staff member can remain in the employment setting without posing a health risk to himself/herself or others in the school community. In the event that the superintendent determines that a staff member should be excluded from the school setting, he/she shall so advise the affected person. Where the superintendent determines that a staff member should be excluded from employment, he/she shall initiate appropriate action pursuant to the provisions of the applicable collective bargaining agreement, board policy and/or applicable laws. If the employee in question is certificated, the superintendent shall, pursuant to Article V, Section 2 of the Michigan Teachers’ Tenure Act, either obtain the person’s consent to be placed on a sick leave, or, if consent cannot be obtained, file tenure charges with the board seeking to place the person on an involuntary medical leave of absence.
- If the affected staff member disagrees with the determination of the superintendent, he/she may file a written appeal to the board within 10 school days. The board shall receive and review all necessary and pertinent materials provided by the advisory team and the employee and provide an opportunity to both the superintendent and employee to provide additional pertinent information. In its discretion, the board may grant the employee a hearing.
- The board may affirm, modify or reverse the decision of the superintendent within 10 school days of the receipt of an appeal.
- During the pendency of an appeal from the superintendent’s decision to the board, the affected employee’s status shall remain status quo.
- Where an affected staff member is permitted to remain in either a restricted or unrestricted school setting, the superintendent shall designate a responsible school representative to monitor changes in the staff member’s medical status on a monthly basis, or more frequently if deemed appropriate. The superintendent, with input from the advisory team, shall reassess the status of the staff member at not less often than annual intervals.
- All timelines set forth herein may be extended where required by the individual circumstances of the case.
The privacy rights of affected staff members shall be respected, including maintaining employment records in accordance with the requirements of the Bullard Plawecki Employee Right to Know Act, MCLA 421.501 et seq., any applicable contractual provisions, and board policy and regulations.
Procedure to Ensure Compliance With Public Act 174 of 1989
(Section 5131 of Public Health Code, Amended)
Notwithstanding anything to the contrary, the following procedure shall be adhered to in any matter in which an employee has or is suspected of having the serious communicable diseases or infections of HIV infection, acquired immunodeficiency syndrome (AIDS) and/or acquired immunodeficiency syndrome related complex (ARC):
- The identity of any person having or suspected of having the serious communicable diseases or infections of HIV infection, acquired immunodeficiency syndrome (AIDS) and/or acquired immunodeficiency syndrome related complex (ARC) shall not be disclosed except as hereinafter set forth.
- In the event that a district employee receives information that an employee has or may have the serious communicable diseases or infections of HIV infection, acquired immunodeficiency syndrome (AIDS), and/or acquired immunodeficiency syndrome related complex (ARC), this information, not including the identity of the person with said serious communicable disease or infection, shall be shared with the superintendent. The superintendent shall then contact the county health department and otherwise take appropriate action. If the superintendent determines that there is a need to know the identity of the infected individual, he/ she shall arrange a meeting with appropriate county health officials who shall then advise all those individuals determined to have a need to know the identity of the infected individual.