| Section: | 5000 Students | | Policy Name: | Communicable/Infectious Diseases | | Policy Number: | 5114.4 | | Date Approved: | 10/10/1989 | | Last Revised: | 10/14/2003 |
The Plainville Board of Education recognizes that all children in Connecticut have a constitutional right to a free, suitable program of educational experiences. The school has reasonable health requirements as prerequisites to admission or attendance including the requirement that students undergo physical examinations prior to admission and at certain times thereafter.
Where it can be medically established that a student suffers from a serious infectious disease such as AIDS/HIV infection, Cytomegalovirus (CMV), hepatitis B, hepatitis C, or herpes simplex, 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 student carrier, it may be appropriate to exclude the student from the regular classroom. The determination of exclusion of any student will be made on a case-by-case basis with the appropriate procedural due process safeguards. Where the risk of transmission is relatively low or appropriate procedures can be adopted to reduce the risk of transmission, exclusion is not warranted.
A child with an infectious disease may be considered disabled if such physical impairment limits one or more major life activities. Therefore, Section 504 of the Rehabilitation Act may apply. The parent/guardian or the school administration may make a referral for determination whether the student is disabled and entitled to protection under Section 504. The Planning and Placement Team will conduct an Individual Placement Program (IPP) to determine whether the student is handicapped or is "otherwise qualified" within the meaning of Section 504. The student will be educated in the least restrictive environment.
No school staff member who obtains confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:
1) the student, if majority status, his/her parent/guardian, or a person authorized to consent to health care for such individual;
2) any person who secures a release of confidential HIV-related information;
3) a federal, state or local health law 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 HIV-related information is necessary to provide appropriate care or treatment to the protected individual or when confidential HIV-related information is already recorded in a medical chart or record and a health care provider has access to such record for the purpose of providing medical care to the protected individual;
5) a medical examiner to assist in determining cause of death;
6) any person allowed access to such information by a court order.
Legal Reference:
"Education for Children with Disabilities", U.S.C. 1400, et seq. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 706(7)(b)
The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99.
Connecticut General Statutes
10-76(d)(15) Duties and powers of Boards of Education to provide Special Education programs and services.
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.
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