5141.22(a)
Students
Communicable/Infectious Diseases
The
Board of Education recognizes that all children in Connecticut have a
constitutional right to a free, suitable program of educational
experiences. The Board will establish
reasonable health requirements as prerequisites to admission or attendance
including the requirement that students undergo physical examination prior to
admission.
Where
it can be medically established that a student suffers from a serious
infectious disease and there is a significant risk of transmission of the
disease to others due to the nature of the disease or personal characteristics
of the student carrier, it may be appropriate to exclude the student from the
regular classroom. The determination of
exclusion of any student will be made on a case by case basis with the
appropriate procedural due process safeguards.
Where the risk of transmission is relatively low or appropriate
procedures can be adopted to reduce the risk of transmission exclusion is not
warranted.
A
child with an infectious disease may be considered handicapped, if the
condition presents a physical impairment that limits one or more major life
activities. Therefore, Section 504 of
the Rehabilitation Act may apply. The
parent/guardian or the school administration may make a referral for
determination whether the student is handicapped and entitled to protection
under Section 504. The Planning and
Placement Team will conduct an Individual Placement Program (IPP) to determine
whether the student is handicapped or is "otherwise qualified" within
the meaning of Section 504. The student
will be educated in the least restrictive environment.
(cf.
5111 - Admission)
(cf.
5141.3 - Health Assessments and Immunizations)
(cf.
6155 - Individualized Education Program)
Legal Reference: Connecticut General Statutes
"Education
for Children with Disabilities", 20 U.S.C. 1400, et seq. Section 504 of
the Rehabilitation Act of 1973, 29 U.S.C. 706(7)(b)
"Americans
with Disabilities Act"
The Family
Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R.
99.
10-76(d)(15)
Duties and powers of boards of education to provide special education programs
and services.
5141.22(b)
Students
Communicable/Infectious Diseases (continued)
Legal Reference: (continued)
10-154a
Professional communications between teacher or nurse and student.
10-207
Duties of medical advisors.
10-209
Records not to be public.
10-210
Notice of disease to be given parent or guardian.
19a-221
Quarantine of certain persons.
19a-581-585
AIDS testing and medical information.
Policy adopted: March
9, 2004 EAST
HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut
5141.22(a)
Students
Communicable/Infectious Diseases
Exclusion Procedures
If
it is determined that the interests of the student and the school are better
served when a student with a communicable or infectious disease is excluded,
procedural safeguards will establish such by extensive medical evidence which
shall include, but not be limited to:
A. The
nature of the disease.
B. Whether
transmission may be controlled.
C. Whether
the personal characteristics of the student involved are such that exclusion of
the affected student from the regular classroom is clearly necessary to protect
the health of other students.
D. As
medical knowledge and circumstances may change rapidly, the school board
administrator will monitor current medical information and assess the student's
medical condition and the school's ability to accommodate that student in light
of the most current medical information. New facts may warrant a different
result from the one previously reached.
E. Where
a student or student's parents object to the Board's decision to exclude that
student, the Board of Education will provide a hearing to adjudicate pertinent
facts concerning the exclusion.
Medical Intervention
The
school nurse or medical advisor will establish guidelines which will provide
simple, effective precautions against transmission of communicable disease for
all students and staff. Universal precautions will be used to clean up after a
student has an accident or injury at school. Blood or bodily fluids emanating
from any student should be treated cautiously. Such guidelines will be reviewed
regularly in light of medical advances. Necessary reports will be made to
health authorities consistent with state law.
If
emergency exclusion of a student is warranted, regulation will provide
procedures to take care of the emergency situation.
Consideration
will be given to temporary removal of a student from school, if in the school
population, a disease, flu, cold or childhood disease might negatively impact
the infected student's health. Students with infectious diseases may be temporarily
removed from school when that student is acutely ill.
5141.22(b)
Students
Communicable/Infectious Diseases (continued)
Classroom
and educational programs will be established so that students, staff and the
public are better informed of the risk and prevention of transmission of
communicable diseases. The school nurse or other medical staff will be
available to assist in any problem resolution, answer questions and coordinate
services provided by other staff.
Confidentiality
The
privacy rights of students with a communicable disease shall be strictly
observed by school staff. No person who obtains confidential related medical
information may disclose or be compelled to disclose such information except to
the following:
1. The protected student or parent.
2. Any person who secures a release of the
confidential related information.
3. A federal, state or local officer when
such disclosure is mandated or authorized by federal state law.
4. A health care provider or health
facility when knowledge of the related information is necessary to provide
appropriate care treatment to the protected student and when confidential
related information is already recorded in the medical chart or record or a
health provider has access to such records for the purpose of providing medical
care to that student.
When
confidential information relating to communicable disease is disclosed, it
should be accompanied by a statement in writing which shall include the
following similar language;
"This information has been
disclosed to you from records whose confidentiality is protected by state law.
State law prohibits you from making any further disclosure without the specific
written consent of the student or legal guardian to whom it pertains or as
otherwise permitted by law. A general authorization for the release of medical
or other information is not sufficient for this purpose."
A notation of all such disclosure
shall be placed in the medical record or with any record related to a
communicable disease test results of a protected student. Any person who
willfully violates the provisions of this law will be liable in a private cause
of action for injuries suffered as result of such violation. Damages may be
assessed in the amount sufficient to compensate said student for such injury.
5141.22(c)
Students
Communicable/Infectious Diseases
Legal Reference: Connecticut General Statutes
"Education
for Children with Disabilities", 20 U.S.C. 1400, et seq.
Section 504
of the Rehabilitation Act of 1973, 29 U.S.C. 706(7)(b).
"Americans
with Disabilities Act".
The Family
Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R.
99.
Connecticut
General Statutes
10‑15b
Access of parent or guardian to student's records.
10‑19
Teaching about alcohol, nicotine or tobacco, drugs and acquired immune
deficiency syndrome.
10‑66b
Regional educational service centers. Operation and management. Board.
10‑76(d)(15)
Duties and powers of boards of education to provide special education programs
and services.
10‑154a
Professional communications between teacher or nurse and student.
10‑207
Duties of medical advisors.
10‑209
Records not to be public.
10‑210
Notice of disease to be given parent or guardian.
19a‑221
Quarantine of certain persons.
19a‑581‑585
AIDS testing and medical information.
Regulation approved: March
9, 2004 EAST HADDAM
PUBLIC SCHOOLS
Moodus,
Connecticut