8453.01 - CONTROL OF NONCASUAL-CONTACT COMMUNICABLE DISEASES (STUDENTS)

Sylvania City School District

Bylaws & Policies

8453.01 - CONTROL OF NONCASUAL-CONTACT COMMUNICABLE DISEASES (STUDENTS)

The purpose of this policy is to address issues which arise when a student is determined to be infected with HIV (Human Immunodeficiency Virus). For purposes of this policy, the term AIDS includes Acquired Immune Deficiency Syndrome, ARC (AIDS Related Complex or the presence of the HIV (also known as HTLV-III or LAV) antibody.

The Board of Education recognizes that AIDS is currently a significant medical and social problem. The Board desires to protect the rights of individual students who may be infected with AIDS, as well as protecting uninfected students, employees, and the general public.

Currently available medical information indicates that there is virtually no risk that AIDS can be transmitted from one individual to another through the type of casual contact that occurs in the school setting. Nevertheless, in recognition of the considerable public concern about this disease, this policy is adopted.

Attendance

		1.	Each student's case shall be individually evaluated to determine the appropriate educational setting. A team comprised of the building principal, a school nurse, the student's teacher(s), the parent(s) or guardian(s), the student's physician, and a school physician or public health official will conduct the evaluation and recommend an appropriate educational setting to the Director of Student and Community Services. If the student's health, behavior or academic progress appears to have changed, a team member may request the evaluation team to re-evaluate the student's status.
		2.	Students with AIDS should be allowed to attend school in a regular classroom setting if:

			a.	the health status of the student allows participation in regular school activities;
			b.	the student behaves acceptably, e.g.: does not bite other individuals or exhibit other violent behaviors, and has control over his or her bodily functions and secretions;
			c.	the student does not have open sores, skin lesions, or skin eruptions that are not or cannot be kept covered.

When determining the appropriate educational setting for a student with AIDS, the evaluation team will consider the following:

			a.	the student's behavior
			b.	the student's neurological development
			c.	the student's physical condition
			d.	the expected type of interaction between the student with AIDS and other students, teachers, or employees

The Director of Student and Community Services shall consider the recommendation of the evaluation team and shall then:

			a.	assign the student to school unconditionally;
			b.	assign the student to school under restrictive conditions;
			c.	recommend to the student's parents or guardians, or to the student if s/he is at least eighteen (18) years of age, that the student be placed in an alternative educational setting which could include home instruction.

The Director of Student and Community Services shall issue a written decision which shall be sent to the student's parents or guardians by certified mail or hand delivered.

		5.	If the student's parents or guardians or the student if s/he is at least eighteen (18) years of age, objects to the determination by the Director of Student and Community Services regarding the appropriate educational setting for the student, the objecting party shall have three (3) days after receipt of the Director's decision in which to file a written request for an appeal hearing before the Board, or its designee, the Superintendent, and the student or his/her parents or guardians or their representative.
		6.	If a teacher or other employee observes any student exhibiting biting or other violent behavior, the student may be immediately removed from the scene and escorted to the principal's office. When necessary, the teacher or other employee may send for assistance by other personnel in order to escort the student. A teacher or employee may not remove the student from school premises.
		7.	Upon consultation with a school nurse or school physician, the building principal may temporarily exclude a student from school if the student exhibits biting or other violent behavior, or exhibits open sores or skin lesions that are not covered or cannot be kept covered. The student may be readmitted to school following such temporary exclusion upon presentation of a signed physician's statement that the behavior is controlled or that appropriate measures have been taken to assure that the skin areas will remain covered.
		8.	The Board recognizes that a student with AIDS may be protected under Federal laws which prohibit discrimination against a student who:

			a.	has a physical or mental impairment (including a physiological disorder affecting the blood or lymphatic systems) that substantially limits one or more major life activities;
			b.	has a record of such impairment;
			c.	is regarded as having such an impairment.

If a student with AIDS is determined to be disabled, the Board will comply with all laws which require that the student be provided with a free appropriate public education program and related services designed to meet the child's unique needs.

Confidentiality

Personally-identifiable information regarding a student, other than directory information, will not be released except with the consent of the student's parents or guardian or the consent of the student if he or she is eighteen (18) years of age. However:

			a.	Information regarding a student can be released without consent to other school officials who have been determined to have legitimate educational interests in obtaining such information.
			b.	The building principal and the student's teacher(s) will be informed of the student's condition so that they may observe the student's behavior and academic progress. The teacher should notify the building principal if the student demonstrates inappropriate behavior for continuance in the regular classroom setting (as discussed in paragraph A(2) of this Policy) or if the teacher believes, based on the student's condition and academic progress, that the student should be re-evaluated for placement in a different academic setting.
			c.	The school physician or nurse will be informed of the student's condition.

Individual student's records made by the school physician will not be open to the public and shall be solely for the use of the Board and its health officer.