5141.22 - 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 student with an infectious disease may be considered handicapped, if the condition 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 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.
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 27 2005
Hamden Public Schools Hamden, Connecticut
5141.22 Regulation
Management of Chronic Infectious Diseases
The following regulations are instituted for educating students known to have chronic infectious disease (e.g., HIV, CMV, Hepatitis B, Salmonella).
- All students in the Hamden Public Schools have a constitutional right to a free, suitable program of education experiences.
- The School Medical Advisor must be informed of the presence or potential presence within the school system of any student with a chronic infectious disease. School staff members who become aware of such situations must inform only the School Medical Advisor or his/her designee on site: i.e., the school nurse or Coordinator of School Nursing who will be responsible for informing the School Medical Advisor and taking appropriate action, if any is indicated, in the interim.
- As a general rule, a student with a chronic infectious disease will be allowed, with the approval of the student’s physician, to attend school in an unrestricted manner.
- A student with a chronic infectious disease may need to be removed from the classroom for his/her own protection when other communicable disease (e.g., Measles or Chicken Pox) are occurring in the school population. This decision will be made by the student’s physician and parent/guardian in consultation with the school nurse and/or the School Medical Advisor. The Superintendent or his/her designee should be a resource in such cases as he/she can be of assistance in providing the medical personnel with information regarding the student's activities in his/her particular classroom setting. The Superintendent or his/her designee will determine an appropriate educational program for the student following established practices.
- Under certain circumstances (depending on mode of transmission of the infectious agent) a student with a chronic infectious disease might pose a risk of transmission to others. If any such circumstances exist the School Medical Advisor in consultation with the Coordinator of School Nursing and the student's physician, must determine whether a risk of transmission exists.
- If it is determined that a risk of transmission exists, the student shall be removed from his/her current educational program and an appropriate alternative educational program shall be established by the Superintendent or his/her designee in the least restrictive environment within fifteen (15) school days.
- a. The condition for removal must be reviewed monthly by the School Medical Advisor, Coordinator of School Nursing, the student's physician, and the parent/guardian.
b. The student's educational program will be reviewed monthly by the Superintendent or his/her designee.
c. When the risk of transmission no longer exists, the School Medical Advisor will determine that the student can return to his/her regular program. - A student with limited strength, vitality, or alertness due to chronic health problems which are anticipated to be of more than three weeks duration, will be referred to the PPT (Planning and Placement Team).
- The school recognizes that it must respect the right to privacy of each student and also protect the health and safety of all students. Therefore, the knowledge of a student with a chronic infectious disease will be confined to the School Medical Advisor, the Superintendent, and those persons with a direct need to know. Those persons will be provided with appropriate information concerning which precautions may be necessary and must maintain confidentiality. The School Medical Advisor shall determine what persons have a direct need to know in each case, and shall not divulge the name and/or diagnosis of the student, unless medically necessary.
- The School Medical Advisor in collaboration with the Coordinator of School Nursing will establish guidelines to 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. Such guidelines will be reviewed regularly in light of medical advances. The Superintendent of Schools will be informed only of the building location of a student with a chronic infectious disease by the School Medical Advisor, and may inform the building Principal as his/her agent on site. No additional person may be informed by the Superintendent prior to consultation with the School Medical Advisor.
- Whenever appropriate in the decision making process, (#2-#6 above) the School Medical Advisor or Coordinator of School Nursing may consult with the QVHD Director of Health and/or appropriate medical experts or other school personnel.
- Students and staff shall be instructed in procedures to minimize the risk of transmission of chronic infectious diseases.
- These regulations will be reviewed by a panel consisting of the School Medica l Advisor, the Coordinator of School Nursing, the QVHD Director of Health, and the Central Office administration, annually and/or more frequently, as deemed necessary.
- The School Medical Advisor and the Coordinator of School Nursing will provide education and current information about chronic infectious diseases and related issues, e.g., confidentiality, etc., for school personnel and students, as needed.
Legal Reference:
"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 27, 2005
Hamden Public Schools Hamden, Connecticut