BP 5141.22
Students
Infectious Diseases
The Governing Board desires to protect students from
risks posed by exposure to infectious diseases while providing an appropriate
education for all students.
The Superintendent or designee shall determine
whether to admit a student with an infectious disease, and shall exclude
students only in accordance with law. In
making this determination, he/she shall consult the student's
parents/guardians, the student's physician and/or the county health department,
in accordance with law and consistent with confidentiality provisions. Because bloodborne pathogens such as hepatitis B virus, hepatitis C
virus and human immunodeficiency virus (HIV) are not casually transmitted, the
sole presence of bloodborne pathogens is not
sufficient reason to exclude students from attending school.
Parents/guardians are 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 diseases in the school setting. The
Superintendent or designee shall ensure that student confidentiality rights are
strictly observed in accordance with law. No district employee shall release
medical information, including knowledge of a bloodborne
pathogen infection, without written consent from the parent/guardian or adult
student. Such information shall be
shared only with those persons specifically named in the written permission.
The Board requires students and staff to routinely
observe universal precautions to prevent exposure to bloodborne
pathogens and to prevent the spread of all infectious disease.
The Superintendent or designee shall ensure that the
district's health education program provides information about the nature of bloodborne pathogens and their transmission.
Legal Reference:
EDUCATION
CODE
48210-48216 Persons
excluded
49073-49075 Privacy
of pupil records
49076 Access
to records by persons without written consent or under judicial order
49403 Cooperation
in control of communicable disease and immunization of students
49405 Smallpox
control
49406 Examination
for tuberculosis (employees)
49408 Information
of use in emergencies
49450 Rules
to insure proper care and secrecy
49451 Parent's
refusal to consent to medical exam
49602 Confidentiality
of student information
Article
1, Section 1 Right to Privacy
CIVIL
CODE
56-56.37 Confidentiality
of Medical Information Act
1798-1798.76
Information Practices Act
HEALTH
AND SAFETY CODE
120230 Exclusion
for communicable disease
120325-120380 Immunization
against communicable diseases
120875-120895
AIDS information
120975-121020 Mandated blood testing and confidentiality to protect public
health
120980 Unauthorized
disclosures
121010 Disclosure
to certain persons without written consent
121475-121520
Tuberculosis tests for pupils
5193 Bloodborne
pathogen standards
UNITED STATES CODE, TITLE 20
1232g Family
Educational and Privacy Rights Act
1400-1487 Individuals
with Disabilities Education Act
UNITED
STATES CODE, TITLE 29
794 Section
504 of the Rehabilitation Act of 1973
COURT
DECISIONS
Phipps
v.
Doe v.
Thomas
v.
Adopted:
Revised: