420 Policy: Students and Employees with Communicable Diseases and Infectious Conditions

I.    PURPOSE

The purpose of this policy is to help ensure that students and employees of the District are able to attend district schools with limited risk of infection from serious communicable or infectious diseases.

II.    GENERAL STATEMENT OF POLICY

A.    Students with communicable diseases should be permitted to attend school in their usual daily attendance setting so long as their health permits and their attendance does not create a significant risk of the transmission of illness to students or employees of the school district

B.    Employees with communicable diseases will not be excluded from attending to their customary employment so long as they are physically, mentally, and emotionally able to safely perform tasks assigned to them and so long as their employment does not create a significant risk of the transmission of illness to students, employees, or others in the school district.  

III.    PROGRAMS TO PREVENT AND REDUCE RISKS OF SEXUALLY TRANSMITTED INFECTIONS AND DISEASES

The school district will implement programs to help prevent and reduce the risk of sexually transmitted diseases in accordance with Minnesota law.

IV.    PRECAUTIONS

The school district will develop uniform practices for infection control at school and for educating employees about district uniform practices. Uniform practices will be developed through cooperation with health professionals taking into consideration any guidelines of the Minnesota Department of Education and the Minnesota Department of Health.

V.    INFORMATION SHARING

Information regarding an employee or student’s communicable disease or infection will be shared within the school district only with those whose jobs require such information and in the case with students with those persons who have a legitimate educational interest.  Such information may also be shared only  to address a health and safety concern or to comply with employees’ right to know requirements.  Employee and student health data will be shared outside the school district only in accordance with state and federal law and with the school district’s policies on employee and student records and data.  If a medical condition of student or staff threatens public health, it must be reported to the Commissioner of Health consistent with state law.

VI.    SCREENING FOR EMPLOYEES/STUDENTS SUBJECTED TO POTENTIAL EXPOSURE

The school district will develop procedures regarding the administration of Hepatitis B vaccinations in keeping with current state and federal law. The procedures shall provide that the Hepatitis B vaccination series be offered to all who have occupational exposure at no cost to the employee or student.

Adopted/Revised
Revised:  04/17/2018 (Policy 547 repealed 04/17/2018 – combined with Policy 420 04/17/2018)
Adopted:  12/07/1999 (formerly Policy 4151.9/4251.9)
Revised: 03/07/1989
Adopted: 05/20/1986

Legal References
Minn. Stat. § 121A.23 (Programs to Prevent and Reduce The Risks of Sexually Transmitted Infections and Diseases )
Minn. Stat. § 144.441-442 (Tuberculosis)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. R. 4605.7070 (COMMUNICABLE DISEASES)
20 U.S.C. § 1400 et seq. (Individuals with Disabilities Education Improvement Act of 2004) 
29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504) 
42 U.S.C. § 12101 et seq. (Americans with Disabilities Act) 
29 C.F.R. 1910.1030 (Occupational Exposure to Bloodborne Pathogens)
Kohl by Kohl v. Woodhaven Learning Center, 865 F.2d 930 (8th Cir.), cert. denied, 493 U.S. 892, 110 S.Ct. 239 (1989).