Board Policy #S-5141.22

New Haven Unified School District
STUDENT POLICIES

INFECTIOUS DISEASES

The Governing Board recognizes its dual responsibility to protect the health of students from risks posed by infectious diseases and to uphold the right of students to a free and appropriate education.

For purposes of this policy, infectious diseases shall include all those listed by the State Department of Health Services and the County Health Department.

The admission of a student with an infectious disease other than the serious illnesses addressed below shall be determined by the Superintendent or designee according to standard procedures. The Superintendent or designee shall consult with the student's parent/guardian and, as required, with the student's physician and/or the County Health Department.

(cf. 5112.2 Exclusions from Attendance)

Legal Reference:

CALIFORNIA CONSTITUTION
Article 1, section 1 Right to Privacy

CIVIL CODE
56-56.37 Confidentiality of medical information

CALIFORNIA EDUCATION CODE
48210-48214 Persons excluded
48221 Physical or mental condition
49073-75 Privacy of pupil records
49076 Access to records by persons without written consent or under judicial order
49403 Cooperation in control of communicable disease and immunization of students
49405 Smallpox control
49406 Examination for tuberculosis
49408 Information of use in emergencies
49451 Parent's refusal to consent to medical exam
49602 Confidentiality of information disclosed by a parent or pupil 12 years or older to a school counselor

HEALTH AND SAFETY CODE
199.20 Prohibition against compelling identification of AIDS test subjects
199.21 Unauthorized disclosures
199.24 Disclosure to certain persons without written consent
199.30-199.40 Acquired Immune Deficiency Syndrome Research Confidentiality Act
3118 re exclusion for communicable disease
3380-3390 Immunization against communicable diseases
3400-3409 Tuberculosis tests for pupils

Education For All Handicapped Children
20 United States Code, 1400 et seq.

Federal Family Educational and Privacy Rights Act
20 United States Code, 1232g

Nondiscrimination Under Rehabilitation Act of 1973
20 United States Code, 794

COURT DECISIONS
Doe v. Belleville Public School District, 672 F. Supp. 342
Thomas v. Atascadero Unified School District 662 F. Supp. 376
Phipps v. Saddleback Valley Unified School District (1988), 204 Cal. App. 3d 1110

First Reading
February 1, 1994

Second Reading
March 1, 1994

Administrative Regulation for Board Policy 5141.22