5141.22 - Communicable/Infectious Diseases

Policy 5141.22

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 child presents such 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 made 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. 6159 - 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.
                                    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:  June 4, 2019                                    
NEWTOWN PUBLIC SCHOOLS, 
Newtown, Connecticut


R5141.22(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.

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.

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:  June 4, 2019                              
NEWTOWN PUBLIC SCHOOLS, 
Newtown, Connecticut

IF YOU WOULD LIKE TO ACCESS THE AUTHORIZATION FORM FOR RELEASE OF HIV RELATED INFORMATION AND THE CHART OF COMMON COMMUNICABLE DISEASES PLEASE CLICK THE PDF ICON AT THE TOP OF THIS PAGE.
Inspiring Each Student to Excel

3 Primrose St., Newtown, CT 06470
Phone: 203-426-7600
Nondiscrimination Policy

WCAG 2.0 Compliance