AR 5112.2
Students
Exclusions From Attendance
Students may be excluded
from attendance at district schools if they:
1. Are under the legal age of attendance, except as otherwise
provided by law. (Education Code 48210)
2. Do not present evidence of immunization from certain
infectious diseases as required by law.
Such a student shall not be excluded, however,
if the parent/guardian, in writing, requests exemption from the immunization
requirement on the basis of the student’s physical condition or a conflict with the parent/guardian’s
religious beliefs.
3. Are reasonably suspected of having active tuberculosis.
4. Reside where any contagious, infectious, or communicable
disease subject to quarantine exists or has recently existed, unless written permission of the health officer is
provided.
5. Have filthy or vicious habits, or suffer from contagious or
infectious diseases. (Education Code 48211)
Before excluding any such student, the
Superintendent or designee shall send a notice to the parent/guardian of the
student. This notice shall state the
facts leading to a decision to propose exclusion and shall further state
that: (Education Code 48213)
a.
The parent/guardian has a
right to meet with the Board to discuss the proposed exclusion.
b. At
this meeting, the parent/guardian shall have an opportunity to:
(1)
Inspect all documents upon which the district
is basing its decision to propose exclusion
(2) Challenge
any evidence and question any witness presented by the Board
(3) Present
oral and documentary evidence on the student's behalf
(4) Have
one or more representatives present at the meeting
c.
The decision to exclude the child
is subject to periodic review and the procedures for such periodic review.
The Superintendent or designee
is not required to send prior notice of exclusion to the parent/guardian if the
student is excluded because: (Education
Code 48213)
a. He/she
resides in an area subject to quarantine.
b. He/she is
exempt from a medical examination but suffers from a contagious or infectious
disease.
c. It is
determined that the presence of the student would constitute a clear and
present danger to the life, safety, or health of students or school personnel
However, the Superintendent
or designee shall send a notice as soon as reasonably possible after the
exclusion. (Education Code 48213)
Legal Reference:
EDUCATION CODE
48210-48214 Persons excluded
49076 Access to records by
persons without written consent or under judicial order
49408 Information of use in
emergencies
49451 Parent’s refusal to
consent
HEALTH AND SAFETY CODE
120230 Exclusion
of persons from school
120325-120380
Educational and child care facility
immunization requirements
121475-121520 Tuberculosis
tests for students
124025-124110
Child Health and Disability
Prevention Program
CODE
OF REGULATIONS, TITLE 5
202 Exclusion of students
with a contagious disease
Adopted:
Revised: 5/10/06