4402 -COMMUNICABLE DISEASES OR CONDITIONS/STUDENTS
It is the policy of the Durham Public Schools Board of Education to attempt to provide a safe and secure environment for all students and employees. In an effort to maintain a balance between the need to educate all eligible students, to protect the rights of students and employees, and to control the spread of serious communicable diseases or conditions, decisions regarding the educational status of affected students shall be made on a case-by-case basis, in accordance with this policy.
4402.1 In order to prevent the spread of communicable diseases and conditions, universal health and safety precautions, which include regulations regarding the cleanup of all bodily fluids, shall be distributed by the administration and shall be followed by all school system employees.
4402.2 The Durham Public Schools shall include health, hygiene and safety education in its curriculum. The curriculum shall include age-appropriate information concerning safe health practices that will inhibit and prevent the spread of communicable diseases and conditions.
4402.3 In accordance with N.C. Gen. Stat. 130A-136, school principals shall report suspected cases of reportable communicable diseases or conditions to the Durham County Health Director for investigation. Such reports are to remain strictly confidential and may be shared only with other staff members as necessary to prepare and file such a report. All staff members who are made aware of any such reports shall keep the information strictly confidential. Without identifying the student who is suspected of having the disease or condition, principals also shall report suspected cases of communicable diseases or conditions to the Superintendent. 4402.4 If any employee is aware that a student suffers from a reportable communicable disease or condition, or reasonably believes that a student is suffering from a reportable communicable disease or condition, and he/she also reasonably believes that the student is engaging in behavior that creates a risk of transmission of the communicable disease or condition, he/she shall report this conduct to his/her principal or supervisor or the County Health Director. Supervisory personnel shall report such unsafe conduct to the County Health Director.
4402.5 The County Health Director is responsible for determining which school personnel shall be informed of the identity of a student who is suffering from a communicable disease or condition. Any employee who is informed or becomes aware of the student's condition shall respect and maintain that student's right to privacy and the confidentiality of his/her records.
4402.6 The County Health Director is further responsible for determining when the school community must be notified of the outbreak of a contagious disease. The school system shall cooperate with the health director in making such notification.
4402.7 The parent/guardian should be encouraged to inform the school principal and their child's teacher when their child is suffering from a communicable disease or condition. This will allow school personnel to better provide for the child's needs. All employees who are informed or become aware that a child has a communicable disease or condition shall respect and maintain that student's right of privacy and the confidentiality of his/her records.
4402.8 Children with AIDS or HIV infection shall be permitted to attend school without special restrictions except in accordance with 15A N.C.A.C. 19A.0202(3) and this policy. It is the responsibility of the Durham County Health Director to notify the Superintendent if a child infected with the HIV virus is enrolled or scheduled for admission into the school system and there may be a serious risk of transmission of the virus by the child.
Within three days of being notified by the County Health Director that a child with AIDS or HIV infection may post a serious risk for transmission, the Superintendent, in consultation with the County Health Director, shall appoint an interdisciplinary committee in accordance with state health regulations and school system procedures.
The committee shall include appropriate school system personnel, including the child's teacher; appropriate medical personnel, including the child's personal physician when possible; the County Health Director or his/her designee; and the child's parent/guardian, and may include legal counsel to the Board. The Superintendent shall inform the Board whenever a committee has been formed and shall advise the Board of the professional composition of the committee, but shall not reveal any information that would identify the affected student.
The purpose of the interdisciplinary committee is to consult with the County Health Director or his/her designee regarding the investigation and determination of risk of transmission and to advise the Superintendent regarding the placement of the student. If, after consultation with the committee, the County Health Director concludes that there is a significant risk of transmission in the student's current placement, the committee shall determine if an appropriate adjustment can be made to the student's school program to eliminate this risk. If that is not possible, an alternative educational program which incorporates protective measures required by the County Health Director shall be designed by appropriate school personnel. 4402.9 The committee shall reevaluate the student's condition and placement at least quarterly. The student's placement shall continue until the County Health Director determines that the child's status has changed, whereupon the committee shall determine the appropriate educational placement for the student. If the committee determines that the student has limited strength, vitality or alertness which may be adversely affecting the student's educational performance, it shall make a referral of the student for possible identification and placement as a student with special needs.
All deliberations of the interdisciplinary committee shall be kept strictly confidential. 4402.10 A student may be removed from a school setting if he/she suffers from a communicable disease or condition and such placement jeopardizes his/her health or such placement creates a significant risk that he/she will transmit the disease and such risk cannot be controlled in the school setting. Students who are removed from the school setting as a result of such circumstances shall be provided an alternative instructional program.
4402.11 Nothing in this policy is intended to grant students any school attendance or education rights beyond those existing by law.
Legal Reference: G.S.130A, Art. 6; 15A N.C.A.C. 19A.0100 et seq.
Adopted Effective: July 1, 1999
