Exclusions From Attendance

MJUSD
DIVISION 5000
STUDENTS
ADMINISTRATIVE REGULATION

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 [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]; (Health and Safety Code 120335, 120365, 120370)
  3. are reasonably suspected of having active tuberculosis; (Health and Safety Code 121485, 121495, 121505)
  4. are infected with any contagious or infectious disease; (Education Code 49451; 5 CCR 202)
  5. 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; or (Health and Safety Code 120230)
  6. have not had the health screening, specified in Health and Safety Code 124040, before or within the first ninety (90) days of attending first grade [such students may be excluded for up to five days unless the parent/guardian has presented a waiver or the District has exempted the student from this requirement in accordance with law]. (Health and Safety Code 124105)

Notifications to Parents/Guardians

Prior to excluding a student from attendance, the Superintendent or designee shall send a notice to the student's parent/guardian stating the facts leading to the exclusion.

The Superintendent or designee may exclude a student without prior notice to the parent/guardian if the student is excluded because: (Education Code 48213)

  1. he/she resides in an area subject to quarantine pursuant to Health and Safety Code 120230;
  2. he/she is exempt from a medical examination but suffers from a contagious or infectious disease pursuant to Education Code 49451; or
  3. the Superintendent or designee determines that the presence of the student would constitute a clear and present danger to the safety or health of other students or school personnel.

However, in such cases, the Superintendent or designee shall send a notice as soon as reasonably possible after the exclusion. (Education Code 48213)


Legal Reference:

Education Code
48210-48216 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

Management Resources:

Web Sites
California Department of Health Services: http://www.dhs.ca.gov
California Healthy Kids Resource Center: http://www.californiahealthykids.org
Centers for Disease Control and Prevention: http://www.cdc.gov

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