An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

The board of a private school has discretion whether to apply these requirements to employees who are employed for less than a school year whose functions do not require frequent or prolonged contact with students. 311 Upon recommendation from a local health officer, a private school may establish a rule requiring more extensive or frequent tuberculosis examination of employees. 312 3. R EQUIRED O F V OLUNTEERS Under the former law, all volunteers were required to have on file with the school a certificate showing that within the prior four years the person had been examined and found to be free of tuberculosis. Under the amended law, all volunteers are required to have on file with the school a certificate showing that, upon initial volunteer assignment, the individual submitted to a tuberculosis risk assessment, and, if tuberculosis risk factors were identified, the individual was examined and found to be free of infectious tuberculosis. 313 However, the board of a private school has discretion whether to apply this requirement to volunteers whose functions do not require frequent or prolonged contact with students. 314 4. R EQUIRED O F E MPLOYEES W HO T RANSPORT S TUDENTS Under the former law, every individual employed to transport students was required to produce a certificate showing that within the prior 60 days the individual had been examined and found to be free from tuberculosis. Under the amended law, every individual employed to transport students must produce a certificate showing that within the last 60 days the individual has submitted to a tuberculosis risk assessment, and, if tuberculosis risk factors are identified, has been examined and found to be free of infectious tuberculosis. 315 The governing board of a private school must include this requirement as a provision in the employment contract. 316 However, a private contracted driver who transports students infrequently and without prolonged contact with students is not subject to this requirement. 317 R EASONABLE A CCOMMODATIONS Schools are required to reasonably accommodate disabled applicants as they would employees. Schools are likely to receive two types of requests for accommodation from applicants: requests to accommodate disabilities and requests to accommodate sincerely held religious beliefs. This section provides guidance regarding both types of requests. Section 10

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