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5141.22 BP Board Policy

Infectious Diseases

The Board of Education desires to protect students from risks posed by exposure to infectious diseases while providing an appropriate education for all students. The Board recognizes that prevention and education are the most effective means of limiting the spread of infectious diseases. The Superintendent or designee shall collaborate with local and state health officials to develop and regularly update a comprehensive plan for disease prevention that promotes preventative measures, mitigation, education, communication, and training of students and staff. All measures to limit the spread of infectious diseases shall be nondiscriminatory and ensure that equity is promoted. The Superintendent or designee shall regularly review resources available from health experts to ensure that district programs are based on the most up-to-date information. The district's comprehensive health education program shall provide age-appropriate information about the nature and symptoms of communicable diseases, their transmission, and how to help prevent the spread of contagious diseases. If the local health officer notifies the district of an outbreak of a communicable disease, or the imminent and proximate threat of a communicable disease outbreak or epidemic that threatens the public's health, the district shall take any action that the health officer deems necessary to control the spread of the disease. The district shall comply with all applicable state and federal privacy laws in regard to any such information received from the local health officer. (Health and Safety Code 120175.5) Students and staff shall observe universal precautions in order to prevent exposure to bloodborne pathogens and to prevent the spread of infectious diseases. The Superintendent or designee shall inform students of the precautions to be used in cases of exposure to blood or other body fluids through injury, accident, or classroom instruction. Students with Infectious Diseases The Superintendent or designee shall exclude students only in accordance with law, Board policy, and administrative regulation. Because bloodborne pathogens such as hepatitis B virus, hepatitis C virus, and human immunodeficiency virus (HIV) are not casually transmitted, the presence of infectious conditions of this type is not, by itself, sufficient reason to exclude students from attending school. Parents/guardians are strongly encouraged to inform the Superintendent or designee if their child has an infectious disease so that school staff may work cooperatively with the student's parents/guardians to minimize the child's exposure to other students and staff in the school setting. If necessary, the Superintendent or designee shall inform the local health official of any potential outbreak. The Superintendent or designee shall ensure that student confidentiality rights are strictly observed in accordance with law.

Legal & Management References

State
17 CCR 2500-2511 - Communicable disease reporting requirements
8 CCR 5193 - Bloodborne pathogens
Civ. Code 1798-1798.78 - Information Practices Act
Civ. Code 56-56.37 - Confidentiality of medical information
Ed. Code 48210-48216 - Persons excluded
Ed. Code 49060-49069.7 - Student records
Ed. Code 49073-49079 - Privacy of student records
Ed. Code 49403 - Cooperation in control of communicable disease and immunizations
Ed. Code 49405 - Smallpox control
Ed. Code 49406 - TB risk assessment
Ed. Code 49408 - Student emergency information
Ed. Code 49602 - Counseling and confidentiality of student information
Ed. Code 51202 - Instruction in personal and public health and safety
H&S Code 120175.5 - Local health officers and communicable diseases
H&S Code 120230 - Exclusion for communicable disease
H&S Code 120325-120380 - Immunization against communicable diseases
H&S Code 120875-120895 - AIDS information
H&S Code 120975-121023 - Mandated blood testing and confidentiality to protect public health
H&S Code 121475-121520 - Tuberculosis tests for students
Federal
20 USC 1232g - Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 - Individuals with Disabilities Education Act
29 USC 794 - Rehabilitation Act of 1973; Section 504
45 CFR 164.500-164.534 - Privacy of individually identifiable health information
Management Resources
California Department of Education Publication - Science Safety Handbook for California Public Schools, 2014
Court Decision - Thomas v. Atascadero Unified School District (1986) 662 F.Supp. 376
U.S. Dept. of Health & Human Services Publication - School District (K-12) Pandemic Influenza Planning Checklist
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - California Department of Public Health
Website - Centers for Disease Control and Prevention
Website - CSBA

Cross References

0415 AR Equity
5141.31 AR Immunizations
5141.5 BP Mental Health
5142 AR Safety