• Download this document

[EBCG Communicable and Infectious Diseases]

 A.  POLICY:

Students and employees of the District are expected to attend the schools of the district without being infected with serious communicable diseases.  Nonetheless, the Board recognizes that staff, students, volunteers and others may come in contact with bloodborne pathogens, viruses and other communicable diseases during the school day or school sponsored activities, or may carry those pathogens, viruses and diseases unknowingly into the school community. The Board adopts this policy as a means to minimize risk and respond to these health concerns while respecting the rights of all students and employees.

As provided in this policy, determinations as to inclusion or exclusion of students or employees with serious communicable diseases from school will take into account the educational implications for the student and others with whom he or she comes into contact, recommendations from the New Hampshire Department of Health and Human Services ("DHHS"), the New Hampshire Department of Education (“NHED”), and the United States Public Health Services Centers for Disease Control ("CDC").  Diseases which will implicate this policy include, but are not limited to, HSV related diseases such as Chickenpox, Shingles, Hepatitis B, and Infectious Mononucleosis, Acquired Immune Deficiency Syndrome (AIDS), Cytomegalovirus (CMV), or Herpes Simplex Virus (HSV) and other diseases which are from time-to-time identified by public health agencies such as the CDC and DHHS. For any ongoing pandemic or epidemic disease response, please refer to Safety 138: Pandemic/ Epidemic Response.

1.  Students.

It is the policy of the District that students with communicable diseases should not be excluded from attending school in their regular classrooms so long as their attendance results in a situation where the risk of transmission of illness to students or employees of the School District, or hazard to themselves, is negligible. 

RSA 200:39 permits the exclusion from school of students who exhibit symptoms of contagion, or are a hazard to themselves or others. This exclusion may be for common or more serious communicable diseases. With regard to common communicable diseases including, but not limited to, the common cold, influenza virus, norovirus, and other common illnesses, students may be excluded from the classroom while symptomatic, and their parents will be notified as soon as possible. 

All decisions regarding exclusion for serious communicable disease shall be made consistent with the procedures set forth in section B of this policy.

2.  Employees.

It is the policy of the School Board that employees (which for the purposes of this policy will include individual consultants or contractors and volunteers) with communicable diseases should not be excluded from attending to their customary employment and duties so long as they are physically able to perform tasks assigned to them and so long as their continued attendance at work results in a situation where the risk of transmission of illness to students or other employees of the District, or hazard to themselves, is negligible. 

3.  Special Circumstances and Conditions for both Students and Employees.

The School Board recognizes that some students or employees, because of age, disability or other special conditions, may pose greater risks for the transmission of communicable diseases than other persons infected with the same illness. Examples include children who display biting behavior and students or employees who are unable to control their body fluids or have uncovered wounds. These conditions need to be taken into account and considered in assessing the risk of transmission of the disease and the resulting effect upon the educational program of the student or employment of the employee.

In the instance of diseases causing suppressed immunity, attendance may be denied to a child with suppressed immunity in order to protect the welfare of the child with suppressed immunity when others in the school have an infectious disease which, although not normally life threatening, could be life threatening to the child with suppressed immunity. Nothing herein shall change the responsibilities of the parties regarding the child’s education. Employees with disability-related workplace restrictions will be accommodated to the extent required by law. 

B.  PROCEDURES WHEN SERIOUS COMMUNICABLE DISEASE IS SUSPECTED:

1.  Reporting.   School District employees (including contracted individuals and/or agencies who are performing contracted responsibilities for the School District) who become aware of a serious communicable disease or other potentially serious health problem regarding themselves, students or other employees (unless prohibited by statutory confidentiality) will report such health condition to the school nurse or building Principal/designee. 

2.  Response. The health risk to others in the school district environment from the presence of a student or employee with a serious communicable disease shall be determined on a case-by-case basis. In all cases in which the school nurse, or other person designated by the Superintendent, becomes aware that a student or employee of the School District has contracted a communicable disease of the kind in section A of this policy, they will take the following steps:

a.  The parent/guardian(s) of a student will be contacted in order to discuss the situation and determine whatever facts are available. This information will be communicated promptly to the Superintendent/designee, school nurse and Principal/designee.

b.  Upon receiving written consent from the parent(s) or guardian of a student or, in the case of an employee, the employee or their health care agent (i.e., adult to whom authority to make healthcare decisions is delegated under an advance directive meeting the requirements of RSA 137-J:20), the Superintendent's designee will attempt to confer with the treating physician, if any, in order to determine any significant medical facts concerning the diagnosis of the disease or factors affecting the possible transmission of the disease.

c.  The Superintendent’s designee shall notify and consult with health care professionals knowledgeable about the particular disease. Following such consultation, the Superintendent’s designee shall determine the immediate, short-term action to be taken relative to educational placement of the student or work assignment for the employee.

d.  When a communicable disease of the kind identified in section A of this policy is suspected or confirmed in an individual, the Superintendent’s designee shall consult with appropriate public health officials to determine whether a student or employee shall be excluded from school or from attending to their customary employment and whether additional measures are required to protect other members of the school population.  Factors specific to individuals, such as biting behaviors, lack of control of body fluids, existence of uncovered wounds or other medically identifiable conditions may also be considered. Recommendations regarding the least restrictive educational placement for a student or continued attendance at work for an employee may be sought on a case by case basis.

In addition to the information obtained in steps a-c, decisions to exclude shall consider criteria from NHDHHS Bureau of Infectious Disease included in its publication "When Children Should be Excluded or Dismissed from a Childcare Setting", or the American Academy of Pediatrics' "Red Book: Report of the Committee on Infectious Diseases", or other general or specific guidance from the NHDHHS or the United States Centers for Disease Control.

i.  Decisions regarding students. The ultimate decision to exclude a child from school under this Policy due to a contagious or communicable illness shall be made by the Superintendent’s designee after consultation with the Superintendent and school nurse supervisor. 

If the student is a student with an Individualized Education Program (“IEP”), 504 plan, or other such individualized learning plan, then decisions regarding alternative settings shall be made according to the applicable laws, regulations and policies. Such students who are aggrieved by the education plan determinations may appeal said determinations pursuant to state and federal special education law if the infected student is eligible (or claims that they are eligible) for special education or special education and related services. Excluded students who do not claim that they are eligible for special education or special education and related services, but who are aggrieved by the Superintendent's determinations, may appeal said determinations to the Board.

ii.  Decisions regarding employees.  Determinations regarding exclusion or reassignment of employees shall be made by the Superintendent/designee in consultation with the Assistant Superintendent for Operations and/or the Director of Human Resources. Absent significant risk to the employee or risk of transmission to students or other employees, the Superintendent shall not alter the job assignment of the infected person.  Volunteers are subject to any directives issued by the administration, as are contractors and consultants, subject to the terms of their respective agreements.

If the Superintendent/designee, after taking the steps above, determines that there is a medically recognized risk of transmission of disease in the School setting or that a significant health problem restricts the infected person's ability to work, or presents a substantial hazard to the employee, the Superintendent/designee shall, if necessary, develop an individually tailored plan to accommodate the staff member if possible. Additional persons may be consulted if necessary for gaining additional information, but the infected person must approve of the notification of any additional persons who are informed of the infected person's identity. The Superintendent/designee may consult with legal counsel to ensure that any official action is consistent with state and federal law and applicable collective bargaining agreements. If an individually tailored plan is necessary, said plan should be medically, legally, educationally and ethically sound.

iii.  Testing, Social Distancing and Other Extraordinary Measures. Some infectious diseases, viruses, etc., may be so dangerous and or the risk of casual transmission so great, that effective response will require broader measures. In accordance with state and federal law and based upon prevailing medical guidance including, but not limited to guidance from the CDC, DHHS, and Manchester Health Department, the Superintendent is authorized to implement such additional, extraordinary emergency measures as may be necessary and appropriate to address the health risk. Such measures may include school closure, population exclusion (stay-at-home type instructions), mandatory screenings, mandatory use of personal protective equipment (PPE's), social distancing orders, administrative leaves or temporary adjustments in duties. These provisions are intended to complement, not replace any provisions of Board policy Safety 138: Pandemic/Epidemic Emergencies.  Such measures should be taken with prior notice to the Board, if practicable, or as soon as possible thereafter.  The Board Chair may determine that the circumstances, or the measures implemented by the Superintendent, warrant a special or an emergency meeting of the School Board.

 3.  Practices to Minimize Contamination in Schools.

Good hygiene practices as recommended by local, county and state health authorities are to be followed at all times when handling blood or other body fluids of any student or employee.  Parents and employees are not generally required to advise the school if their child has a communicable disease. (Some exceptions may exist under specific legislation or Executive/emergency orders, in which, such legislation or Executive/emergency orders shall supersede this policy to the extent necessary to remove any conflict.)  Because the District may not rely on self-reporting, it is appropriate to adopt procedures for the handling of body fluids from any child or employee. This practice also eliminates the need to notify all maintenance, transportation and building personnel if the District becomes aware of a student or employee with communicable diseases. It is recommended the following procedures be used on a routine basis when blood or any other body fluids including vomitus and fecal or urinary incontinence are involved.

a.  Gloves should be worn when cleaning up any body fluids.

b.  Spills should be cleaned up, and the affected area washed with soap and water and disinfected with bleach (one part bleach to ten parts water), or another disinfectant.

c.  All disposable materials, including gloves and diapers, should be discarded into a plastic bag before discarding in a conventional trash system. The mop should also be disinfected with the bleach solution described in B above.

d.  Toys and other personal non-disposable items should be cleaned with soap and water followed by disinfection with the bleach solution before passing to another person. A normal laundry cycle is adequate for other non-disposable items.

e.  Persons involved in the clean-up should wash their hands afterward.

Additional precautions may be recommended or required in certain instances (e.g., social distancing, masks, etc.) as necessary based on prevailing medical guidance. 

4.  Confidentiality and Data Privacy.

Public concern regarding communicable diseases is neither an excuse nor defense for the violation of data privacy rights of students or employees who have or are rumored to have such illnesses.

a.  Personally identifiable health information regarding students is private data and is not to be disseminated to the public or to staff without the strict observance of student privacy rights.

b.  Personally identifiable health data and information regarding employees is private data and may not be released to the public nor to fellow employees without strict observance of privacy rights of public employees.

c.  Parents of other children attending the school, or other school employees, may only be notified of a possible exposure to a communicable disease to the extent permitted, or required, under applicable law, regulations or Executive order.  Such information will not identify the particular student or employee who has the disease. 

d.  Any District employee who violates the confidentiality provisions of this policy shall be subject to discipline. A confidentiality breached by an independent contractor/consultant, could result in termination of the contract for cause.

5.  Staff and Student Education.

The School Board recognizes that the education of its residents, staff, and students regarding the risks involved in the spread of infectious diseases in the school setting will help to minimize the risk of transmission to other students and employees while protecting the rights of infected students and employees.  All school district employees should receive instruction regarding precautions to be employed where contagious diseases may be encountered and community resources for referral and information.

6.  Implementation.

The Superintendent is authorized to implement this policy through and procedures, or administrative directives which they deems necessary or appropriate.

Policy Cross References

EBCF, GBGA, IHAM, JLCA, JLCB & JLCG

Legal References: 

RSA 189:1-a, Duty to Provide Education

RSA 189:31, Removal of Teacher

RSA 186-C, Special Education

RSA 193:1, Duty of Parent; Compulsory Attendance by Pupil

RSA 193:3, Change of School or Assignment, Manifest Educational Hardship or Best

Interest, Excusing Attendance

RSA 200:32, Physical Examination of Student

RSA 200:36, Medical Examination of School Personnel

RSA 200:39, Exclusion from School

History: New Policy 2022

First Reading/ Policy Committee: September 21, 2022 and October 19, 2022

Second Reading/ BOSC Adoption: October 24, 2022