Testing Criteria. No teacher shall be required to submit to a medical evaluation without determination of cause for said evaluation. Determination shall be made by a tri- partite panel which shall be final and binding on the parties. The tri-partite panel shall be a physician selected by the employer, the teacher’s personal physician, and a third party selected by the county health department. The third party shall act as chairman of the panel and shall serve in that capacity for all subsequently convened panels. The tri-partite panel shall conduct a due process hearing to determine whether there is probable cause for the medical evaluation of a teacher. Within ten (10) calendar days after the conclusion of the due process hearing, the panel shall render a written determination and the rationale to the Superintendent and the teacher. In the event that a health risk becomes apparent and may affect any or all teachers, as determined by a physician in the appropriate public health district, the employer, with concurrence of the OTA or at the request of the teacher, shall be permitted to bypass the tri-partite panel and immediately provide for the examination and/or immunization of any or all teachers to prevent the spread of the disease. All costs of the tri-partite panel shall be borne by the employer.
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Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement