Policy 404.03
Communicable Diseases – Employees
If an Elkhorn student or staff member is diagnosed as having a chronic infectious disease, the following guidelines will be followed. Chronic infectious diseases are those diseases which are carried throughout life by the infected person and have the potential to be transmitted. Chronic infectious diseases include, but are not limited to, Acquired Immune Deficiency Syndrome (AIDS), Aids Related Complex (ARC), Cytomegalovirus (CMV), Herpes Simplex Virus (HSV), and Human Immunodeficiency Virus (HIV).
All reasonable attempts will be made to ensure that any person with a chronic infectious disease retains rights of confidentiality and privacy. Information and discussion with regard to the case will be limited to those who must have the information to deal with the situation. If necessary, the community will be informed that a chronic infectious disease is present in the District and that the person will be excluded only if the situation warrants based upon medical and legal advice. No information will be given out about the individual, the specific medical record, or about the family without the written permission of the individual or, in the case of a student, parent/legal guardian.
Parents or guardians of a student with a chronic infectious disease shall be responsible for reporting the student’s condition to school personnel when enrolling the student or upon diagnosis of the condition if the student is already enrolled. A student with a chronic infectious disease shall be sent home immediately and the student’s parents or guardians and the Superintendent shall be notified. (Nebraska Revised Statutes 79-264) A student with a chronic infectious disease will remain out of school until a determination on appropriate school placement can be made, which determination shall be made within five school days of removal unless otherwise agreed upon by the parents or guardian of the student and the school. Employees of the district who have been diagnosed as having chronic infectious disease shall report this information in a confidential manner to the superintendent. An employee with a chronic infectious disease shall be removed from duty (with pay) by the superintendent until an appropriate determination as described below can be made.
The determination of whether or not an infected student or employee of the district should be permitted to attend classes, participate in school activities or remain on the job will be made on a case by case basis within five (5) school days of when the student or employee was removed from school. A team composed of a contracted school nurse, school medical advisor (superintendent appointed, board approved, medical doctor or public health official), school principal or district administrator, and the infected individual’s physician will make the determination taking into consideration the following factors:
- The behavior, neurological development and physical condition of the infected person.
- The expected type of interaction with other staff and/or students in the school setting.
- The impact on both the infected person and others in that setting.
The determination of whether or not an infected person remains in the district will be based solely on scientific and medical evidence and, in long term cases, will be reviewed monthly. Legal advice will also be sought by the district, when necessary to protect the rights of all parties. If a determination is made that an infected person poses an imminent threat to the health and safety of the school community or the individual’s conduct or condition presents a clear threat to the physical safety of the individual or others then with respect to an infected student Nebraska Revised Statutes Section 79-264 will be followed concerning exclusion from school. With respect to an infected student or staff member of the district, existing board policies on separation, reassignment, transfer and leave of absence will be followed. In the case of an infected certificated employee the provisions of Nebraska Revised Statutes Section 79-838, will be followed with respect to a leave of absence.
If an infected student in grades K through 12 is not permitted to attend classes, the district will make every reasonable effort to provide the student with an appropriate alternative education. An ongoing effort will be made to educate and inform students, parents, school personnel and community members about the transmission and symptoms of chronic infectious diseases. In-service education of school personnel should ensure that all personnel have proper and current information on appropriate measures to prevent the spread of all communicable diseases. All reasonable attempts will be made to ensure that staff and students follow district procedure to prevent the spread of communicable diseases.
Legal Reference:
79-264, 79-838
Approved: July 13, 1992
Revised: August 12, 1996
Revised: May 9, 2005
Revised: September 11, 2017