I. General Statement. If a student has symptoms of a contagious or infectious disease, such student shall be sent home immediately or as soon as safe and proper transportation can be arranged, and the District’s Director of Student Services shall be at once notified. The Director of Student Services shall notify the student’s parents or guardian and the student will be excluded from school in accordance with the provisions of this Rule.
A. Students with a contagious or infectious disease may return to school when the symptoms disappear, and when the minimum isolation period has elapsed, provided however that students with HIV disease or Hepatitis B have complied with the procedures of Section III below.
B. The isolation period shall be in accordance with rules and regulations adopted by the Department of Health and Human Services.
C. This section shall not restrict or prohibit the District's authority to otherwise limit a student's activities in school where such limitation is necessary for the health or safety of the student or others.
II. Attending School. Students diagnosed with HIV disease or Hepatitis B will be allowed to attend school without restriction unless they manifest severe or unusually aggressive behavior, such as biting, or if they have weeping skin sores that cannot be covered.
A. In such instances, the student's parents or guardian will be notified and the student will be excluded from school.
B. Immediately thereafter, a determination of the appropriate educational setting will be made by a team consisting of the school nurse, school medical advisor, student's physician, school principal and student's teacher (hereinafter "Team"). The Team shall consider the following when determining the educational setting:
1. Behavior of student;
2. Neurologic development;
3. Physical condition;
4. Existence of open sores that cannot be covered; and/or
5. Risk of transmission through normal school contacts.
C. A regular classroom setting will be provided unless, based on the considerations set forth in the preceding paragraph, it is determined that there is a risk of transmission through normal school contacts. If that risk exists, the student shall be removed from the classroom and placed in an appropriate alternate education program.
III. Removal from Classroom. A student temporarily removed from the classroom for severe or unusually aggressive behavior will be immediately referred to the aforesaid Team for assessment and the development of an appropriate program, if warranted.
A. A student temporarily removed from a classroom for weeping skin sores which cannot be covered may be provided homebound instruction, and will be re-admitted only when there is medical documentation that the risk no longer exists.
B. Removal from the classroom should not be the only response to reduce risk of transmission. The District will attempt to use the least restrictive means to accommodate the student’s needs.
C. The student may return to the classroom when the Team determines that the risk of transmission through the reasonably expected school contacts has abated.
D. The removal shall be reviewed by the Team once per month unless there is no reasonable medical need for medical review.
E. A student with HIV disease may be removed from the classroom for the student's protection when cases of life-threatening diseases (e.g., measles, chicken pox) arise in school.
1. The decision to remove the student will be made by the student's physician. The District may obtain a second opinion, at District expense, and the District will elect which opinion to follow if the District's second opinion conflicts with the student's physician's opinion.
2. In cases where the student is removed for the student's protection, the student may return to the classroom when the risk is abated.
F. The school nurse will act as a liaison between the Team members, assist the student in problem resolution and answer the student's questions, and act as the coordinator of services provided by other staff members.
IV. Privacy. The student's right to privacy shall be honored. Only those persons directly involved with a student with HIV disease or Hepatitis B will be advised of the student's condition. Such persons shall not divulge any of the information concerning the infected student to any other person unless authorized by law.
V. Handling Body Fluids. Routine procedures for handling blood, body fluids, vomitus and fecal or urinary incontinence should be followed regardless of whether there are any students with an infectious disease attending school.
A. HIV Disease. HIV disease is a severe, life threatening disease that progressively damages the immune system. The onset of clinical illness is usually insidious and characterized by nonspecific symptoms such as malaise, anorexia, fatigue, diarrhea, weight loss, lymphadenopathy, and fever. Eventually, the patient is afflicted with serious infections, frequently opportunistic. It is spread primarily by saliva, urine, blood, and semen.
B. Hepatitis B. Hepatitis B is a disease of the liver, usually has an insidious onset with anorexia, vague abdominal pain, nausea and vomiting, and occasionally joint pain and rash. Jaundice is often present, but fever may be absent or mild. It is spread primarily by saliva, urine, blood, and semen.
C. Physician. Physician shall mean individuals who are licensed by the Department of Health and Human Services Regulation and Licensure as:
1. Medical Doctors (M.D.) who practice medicine and/or surgery; or
2. Osteopathic Physicians (D.O.) who are also authorized to prescribe medications.
Neb. Rev. Stat. § 79-248
Title 173, Nebraska Administrative Code, Chapter 3