Morgan County Schools
Bylaws & Policies
 

8453 - CONTROL OF NONCASUAL-CONTACT COMMUNICABLE DISEASES

The Board of Education seeks to provide a safe educational environment for BOTH students and staff. This can best be accomplished by assuring that all persons with the school community understand the method of transmission and prevention of diseases that are not contracted through air-borne pathogens, but rather, through direct contact with body fluids and excretions, especially blood, vomit, feces, or urine. The Board is also committed to assuring the confidential status of individuals who may have been diagnosed with a blood-borne communicable disease. In developing this policy, the Board has sought the assistance of school nurses, school personnel, parents and guardians, public health and medical personnel and community leaders.

For purposes of this policy, "noncasual-contact communicable disease" shall include:

 

A.

AIDS Acquired Immune Deficiency Syndrome;

     
 

B.

ARC AIDS Related Complex;

     
 

C.

persons infected with HIV (human immunodeficiency);

     
 

D.

HAV, HBV, HCV (Hepatitis A, B, C);

     
 

E.

other like diseases that may be specified by the State Department of Health.

The Board recognizes the fact that individuals who have contracted these diseases may not exhibit symptoms for many years after exposure and may, in fact, not be aware that they have contracted the disease. They are, however, able to transmit the disease to other individuals.

With this in mind, the principle modes by which communicable diseases, including, but not limited to, human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS) are prevented, spread and transmitted shall be taught to students as outlined in West Virginia Board of Education Policy 2520.5, Health Content Standards and Objectives. An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission and spread of HIV/AIDS and other sexually transmitted diseases to examine the course curriculum requirements and materials to be used in such instruction. The parent or guardian may exempt such child from participation in such instruction by giving notice to that effect in writing to the school principal as set forth in W. Va. Code 18-2-9.

An educational inservice on the prevention, transmission and treatment of current communicable diseases shall include, but not limited to, human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS), shall be provided to all school personnel every two (2) years by the Board, as specified in W. Va. Code 18-2-9 and 18-5-15d.

Each reported case of disease known not to be spread by casual will be validated by the school nurse or his/her designee. (W. Va. 18A-5-1 and W. Va. 18-5-22).

All reportable communicable diseases will be referred to the County Health Department, without disclosure of personally identifiable information, as set forth in West Virginia Bureau for Public Health Legislative Rule 64CSR7, Reportable Diseases, Events and Conditions. Reportable communicable disease guidance may be obtained from the County Health Department or through the following internet site: http://ww.wvdhhr.org/idep/#Disease%20%20Reporting.

Mandatory screening for communicable diseases that are known not to be spread by casual contact is not warranted as a condition for school entry or for employment or continued employment, nor is it legal based on W. Va. Code 16-3C-1. All screenings performed in the public school setting should be age appropriate deemed effective and necessary through evidence-based and scientific researched-based practice utilizing standard procedures and with the Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. 1232h. W. Va. Code 18-5-22 allows the Board to provide proper medical and dental inspections for all students attending school and gives authority to take any other necessary actions to protect students from infectious diseases.

Irrespective of the disease presence, standard/universal precautions shall be used and adequate sanitation facilities will be available for handling blood or body fluids within the school setting or school buses. Blood and body fluids from any person in the school setting shall be treated with standard/universal precautions; no exception shall be made when handling blood and body fluids. School personnel will be trained in standard/universal precautions as set forth by the Occupational Safety and Health Administration recommendations and guidelines at http://www.osha.gov/.

All persons privileged with any medical information that pertains to students or staff members shall be required to treat all proceedings, discussions and documents as confidential information. Before any medical information is shared with anyone in the school setting a "legitimate educational reason" or "health or safety emergency situation" must exist. All other releases of confidential medical and health information shall be released only with the consent of the parent/guardian, student if over eighteen (18) years of age, employee or their representative as outlined in West Virginia Board of Education Policy 4350, Procedures for the Collection, Maintenance and Disclosure of Student Data Board Policy 2416, Policy 8330, and Policy 8350, Family Educational Rights and Privacy Act of 1988 and Family Educational Rights and Privacy: Final Regulations. Part II, 34 C.F.R. Part 99.

Information from health records is part of the educational record and should be shared with the child's parents/guardians and pass freely among the school and medical home/health care provider to enhance student health and prevent duplication of services, only after permission is obtained from the student's parent/guardian, or student if over eighteen (18) years of age.

Nothing in this policy should be construed to deprive students of the constitutional right to a public education nor impair the employment rights of staff members.

West Virginia Board of Education Policy 2423, 126-51-1, et seq.