Students

5141.2-BP

CONTAGIOUS OR INFECTIOUS DISEASES

The Board of Education recognizes its dual responsibility to protect the health of students from risks posed by contagious or infectious diseases and to uphold the right of students to a free and appropriate education. For purposes of this policy, contagious or infectious diseases shall include all those listed by the State Department of Health Services and the County Health Department.

The admission of a student with a contagious or infectious disease, other than those specified below, shall be determined by the superintendent or designee in consultation with the student's parent/guardian; and, as required, the student's physician and the County Health Department. The designee may include the principal, school nurse, or other appropriate administrator.

Students Who Have HIV (AIDS)

The Board of Education is aware of the public's concern about the attendance in the schools of students who have HIV (AIDS) or whose blood tests are positive to the HIV (AIDS) antibodies. The most current medical information about HIV, however, provides no evidence that HIV is spread through casual, everyday contact. Therefore, infected students do not pose a risk to others in the school setting and, barring special circumstances, shall attend the school and classroom to which they would be assigned if they were not infected.

Special circumstances may include instances in which the student infected with HIV has a serious secondary infection that may be transmitted to others or has a significant health problem that will restrict his/her ability to attend class.

When the superintendent is notified that a student is infected with HIV, a standard procedure, set forth in the Administrative Regulation, shall be followed to ensure the safety of persons in the school setting and to plan to support the person with the illness. Decisions regarding the admission, exclusion, or alternative placement regarding students with a positive HIV antibody test shall be made on a case-by-case basis and established on the findings by the superintendent or designee, the child's physician, the child's parent/guardian, and a public health official. Additional persons may be included in the decision-making process only with the expressed written consent of the infected student's parent/guardian. In all cases, the group of decision-makers should be small and include only those people who need to be involved. The following factors shall be considered prior to any alteration of a student's education program

Concerns of the HIV Infected Student and His/Her Parents/Guardian:

Medical condition of the HIV positive student, including the presence of secondary infections that may constitute a risk of transmission in the school setting.

Health protection of the general student population and staff, considering the most authoritative information about transmission of HIV (AIDS) and the expected type of interactions with others. If otherwise able to participate in school activities, reasonable accommodations will be specified as required to ensure the safety of students, staff, and the infected student.

If there exists a secondary infection that constitutes a medically recognized risk of transmission in the school setting, an individually tailored educational plan may be necessary. Such a plan shall be legally, educationally, and ethically sound, and shall be periodically reviewed by the superintendent or designee.

The board is concerned about the transmission of all communicable diseases. Staff, therefore, shall use appropriate precautions regardless of their knowledge of disease present in the body fluids of a student. Universal precautions shall be used especially when handling discharge containing blood. All schools shall provide a sanitary environment and establish routines for handling body fluids that are recommended by the Centers for Disease Control. Moreover, the superintendent or designee shall provide a program of ongoing education about HIV for students, their families, and all school employees.

Confidentiality

The superintendent shall ensure that all rights to confidentiality of a student are strictly observed in accordance with the law and district policy governing the confidentiality of student records. In all instances, confidential information shall not be released without parental consent. In the case of AIDS/HIV infection, the person or parent, if the person is a minor, must indicate specifically who may have this information.

Legal Reference:	Education Code	Section 46600	Agreements for admission of pupils desiring interdistrict attendance
		Section 48000	Minimum age of admission (kindergarten)
		Section 48002	Evidence of minimum age required to enter kindergarten or first grade
		Section 48010	Minimum age of admission (first grade)
		Section 48011	Admission from kindergarten or other school; minimum age
		Section 48200	Children between ages of 6 and 16 years (compulsory full-time education)
		Section 48210
		Section 48214	Persons excluded
		Section 4822	Physical or mental condition
		Section 49408	Information for use in emergencies
		Section 49076	Access to records by persons without written consent or under judicial order
	Health and Safety Code	Section 199.30-199.40	Acquired immune deficiency syndrome research confidentiality act
		Section 3118	Re-exclusion for communicable disease
		Section 3380-3390	Immunization against communicable diseases
		Section 3400 et seq.	Tuberculosis tests for pupils
	Administrative Code, Title 17	Section 6000-6075	School attendance immunization requirements
Cross Reference:	Board Policy	Section 5114.1	Exclusion from Attendance
		Section 5141.3	Health Examinations
		Section 5111.1	Immunizations
		Section 5141.3	Homebound Instruction

Policy adopted:

4/24/90