5141.22 - Students with Chronic Communicable Diseases

5141.22(a)

Students

Students with Chronic Communicable Diseases

As a rule, a child with a chronic communicable disease (i.e., AIDS/HIV infection, CMV, Hepatitis B, Herpes Simplex) will be allowed, with the approval of the child’s physician, to attend school in a regular classroom setting and will be considered eligible for all rights, privileges, and services provided by law and the existing policy of the Windsor Locks Board of Education.

1. When a child is known to have a chronic communicable disease, the child, parent/guardian or individual who obtains the confidential information shall inform the Superintendent of Schools, the school medical advisor(s) and the school medical nurse(s) of the child’s disease, in accordance with Connecticut General Statutes.

2. When the school system becomes aware a child has a chronic communicable disease, a Medical Study Team will be established consisting of the child’s physician, the school medical advisor(s) and the School Medical Nurse(s). The School Nurse will function as the liaison with the child’s physician, as the child’s advocate in the school, and as the coordinator of services provided by other staff. The Medical Study Team, with the written permission of the parent/guardian, will inform the building administrator and the child’s teacher(s) that the child has a chronic communicable disease.

3. The school will respect the right to privacy of the individual and maintain strict confidentiality of any records containing health information. Therefore, knowledge that a child has a chronic communicable disease will be confined to those persons with a direct need to know as well as those persons authorized by the parent/guardian. Those persons will be provided with appropriate information concerning the child’s needs and the confidentiality requirements.

4. Under certain circumstances a child with a chronic communicable disease might pose a risk of transmission to others. If such a circumstance exists, the school medical advisor(s), in conjunction with the School Nurse(s) and the child’s physician, must determine whether a risk of transmission exists in school. If it is determined that a risk of transmission of the disease exists, the student shall be removed from the classroom.

5. When a child with a chronic communicable disease is removed from the classroom, the removal may be temporary until an appropriate school program adjustment can be made, an appropriate alternative educational program can be established, or the medical advisor(s) determines the risk has abated and the child can return to the classroom. Removal from the classroom will not be construed as the only response to reduce risk of transmission. In any case of temporary removal, the state regulations and school policy regarding homebound instruction will apply.

6. Each removal of a child with a chronic communicable disease from normal school attendance will be reviewed by the school medical advisor(s) in conjunction with the parent/guardian and the student’s physician periodically. The Medical Study Team shall set the time frame for review.

7. A child with a chronic communicable disease may need to be removed from the classroom for his/her own protection when other communicable diseases (e.g., measles or chicken pox) are occurring in the school population. The child’s physician and parent/guardian will make this decision in consultation with the School Nurse(s) and/or the school medical advisor(s). The determination of exclusion of any child will be made on a case-by-case basis with the appropriate procedural due process safeguards.

8. Routine and standard procedures will be used to clean up after any child has an accident or injury at school. All staff will be trained to use such procedures. Blood or other bodily fluids emanating from any child, including those known to have a chroni communicable disease should be treated cautiously. Such guidelines will be reviewed regularly in light of medical advances.

9. It is important to communicate the process by which children with chronic communicable diseases may attend or be excluded fro the regular school program. So the community is informed, copies of this policy shall be disseminated to students and parent through school handbooks and newsletters on an annual basis.

Legal Reference: Connecticut General Statutes

“Education for Children with Disabilities” 20 U.S.C. 1400 et seq.505 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. l232g, 45 C.F.R. 99

10-76d Duties and powers of Boards of Education to provide special education programs and services

10-154a Professional communication between teacher/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 28, 2013 WINDSOR LOCKS PUBLIC SCHOOLS

Windsor Locks, Connecticut

5141.22R(a)

Students

Students with Chronic Communicable Diseases

Exclusion/Intervention Procedures

Where it can be medically established a child suffers from a chronic communicable 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 carrier, it may be appropriate to exclude the child from the regular classroom.

1. To determine a child with a chronic communicable disease poses a risk of transmission to others in the school, the Medical Study Team shall base its decision on extensive medical evidence which shall include, but not be limited to:

a. The physical and mental condition of the child.

b. The nature of the disease.

c. Whether transmission may be controlled.

d. Whether the exclusion of the child from the regular classroom is clearly necessary to protect the health of other children.

2. As medical knowledge and circumstances may change rapidly, the Medical Study Team will monitor current medical information and assess the child’s medical condition and the school’s ability to accommodate that child in light of the most current medical information. New facts may warrant a different result from the one previously reached.

3. Where a child or child’s parent/guardian objects to the Board’s decision to exclude that child, the Board of Education will provide a hearing in accordance with C.G.S. l0-l86 to adjudicate pertinent facts concerning the exclusion.

Medical Intervention

The School Nurse or Medical Advisor will establish guidelines to provide simple, effective precautions against transmission of chronic communicable diseases 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.

Classroom and educational programs will be established so students, staff and the public are better informed of the risk and prevention of transmission of chronic 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.

Exclusion/Intervention Procedures

Confidentiality

School staff shall strictly observe the privacy rights of children with chronic communicable diseases. No person who obtains confidential medical information related to a chronic communicable disease may disclose or be compelled to disclose such information except to the following:

1. The protected individual or parent/guardian.

2. Any person who secures a release of the confidential medical information.

3. A federal, state or local officer when such disclosure is mandated or authorized by federal or state law.

4. A health care provider or health facility when knowledge of the confidential medical information is necessary to provide appropriate care or treatment to the protected individual or when confidential medial information is already recorded in the medical chart or record and a health provider has access to such record for the purpose of providing medical care to that individual.

When confidential medical information related to a chronic communicable disease is disclosed, it shall be accompanied by a statement in writing within ten (10) days which shall include the following or substantially 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 disclosures shall be placed in the medical record or with any record of a chronic communicable disease test result of a child.

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)

“American with Disabilities Act”

The Family Educational Rights and Privacy Act of 1974, (FERPA), 20

U.S.C. 1232g, 45 C.F.R. 99.

Legal Reference: Connecticut General Statutes (continued)

10-76(d)(15) Duties and powers of boards of education to provide special education programs and service.

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 28, 2013 WINDSOR LOCKS PUBLIC SCHOOLS

Windsor Locks, Connecticut