Infectious Diseases

MJUSD

DIVISION 5000
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 Board recognizes that prevention and education are the most effective means of limiting the spread of infectious diseases.

Infectious Disease Prevention

The Superintendent or designee shall collaborate with parents/guardians and local health agencies and organizations to develop a comprehensive approach to disease prevention that promotes preventative measures and education of students and staff.

The Superintendent or designee shall regularly review resources available from health experts to ensure that District programs are based on the most up-to-date information.

The Superintendent or designee shall ensure that the District's comprehensive health education program provides information about the prevention of infectious diseases, including the nature of bloodborne pathogens and their transmission, as well as information to help prevent the spread of contagious diseases, such as a pandemic influenza. He/she shall also ensure that each school has sufficient infection prevention supplies that are easily accessible to staff.

Universal Precautions

Students and staff shall observe universal precautions in order to prevent exposure to bloodborne pathogens and to prevent the spread of infectious diseases.

The Superintendent or designee shall inform students of the precautions to be used in cases of exposure to blood or other body fluids through injury, accident, or classroom instruction.

Students with Infectious Diseases

The Superintendent or designee shall exclude students only in accordance with law, Board policy, and administrative regulation. Because bloodborne pathogens such as hepatitis B virus, hepatitis C virus, and human immunodeficiency virus (HIV) are not casually transmitted, the presence of infectious conditions of this type is not, by itself, 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.

Legal Reference:

Education Code
48210-48216 Persons excluded
49073-49079 Privacy of pupil records
49403 Cooperation in control of communicable disease and immunization of pupils
49405 Smallpox control
49406 Examination for tuberculosis (employees)
49408 Information of use in emergencies
49602 Confidentiality of student information
51202 Instruction in personal and public health and safety

California Constitution
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
120975-121022 Mandated blood testing and confidentiality to protect public health
121475-121520 Tuberculosis tests for pupils

Code of Regulations, Title 8
5193 California bloodborne pathogens standard

Code of Regulations, Title 17
2500-2511 Communicable disease reporting requirements

United States Code, Title 20
1232g Family Educational and Privacy Rights Act
1400-1482 Inpiduals with Disabilities Education Act

United States Code, Title 29
794 Section 504 of the Rehabilitation Act of 1973

Code of Federal Regulations, Title 45
164.500-164.534 Health Insurance Portability and Accountability Act (HIPAA)

Court Decisions
Thomas v. Atascadero Unified School District, (1987) 662 F.Supp. 376
Management Resources:

CSBA Publications
Saving Lives: AIDS Issues for California Schools 1994, rev. 2006
Avian Influenza, Governance and Policy Services Fact Sheet, April 2006

Web Sites
CSBA:http://www.csba.org
California Department of Education: http://www.cde.ca.gov
California Department of Health Services: http://www.dhs.ca.gov
Centers for Disease Control and Prevention: http://www.cdc.gov
Contra Costa County Office of Education, Pandemic Flu Resources: http://www.cccoe.k12.ca.us/about/flu/resources_flu_action_kit
U.S. Government Pandemic Flu Information: http://www.pandemicflu.gov

First Reading: 5/13/09

Governing Board Adoption: 6/17/09

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