Policy 5533 – Communicable Disease

Kenosha Unified School District shall cooperate with state and local public health officials in establishing and maintaining appropriate health standards for the school environment, promoting the good health of students and staff, and educating students and staff in disease prevention methods and sound health practices.  The administration shall ensure that the district has written procedures that document requirements for reporting communicable disease information to public health agencies.  Schools or other District facilities or work locations may be closed for public health reasons by order of a public health officer or agency or as determined to be necessary by the Superintendent.

In an effort to maintain a safe and healthful school environment, Kenosha Unified School District shall provide information to students and staff regarding measures that can be taken to reduce the risk of contracting or transmitting communicable diseases at school and during school-related activities.  District employees with occupational exposure to blood or other potentially infectious agents or materials, as well as any other employees who may be designated by the administration, shall receive specific training and will be expected to comply with the precautions and procedures identified in the related training.

Students and District employees may be excluded from school or the workplace (including school-related activities) if they are suspected of or diagnosed as having a communicable disease, including any disease identified within the Wisconsin Childhood Communicable Diseases Chart that is published by the Department of Health Services or any other disease expressly defined or identified as communicable by a public health agency, that poses a significant health risk to others or that renders them unable to adequately perform their jobs or pursue their studies.

The District recognizes that an individual’s health status implicates a variety of privacy interests. Therefore, the District shall handle information regarding students and District employees with suspected or confirmed communicable diseases in accordance with state and federal laws and Board policies governing the confidentiality of student and staff health and medical records.

LEGAL REF.:

  • Wisconsin Statutes
    • 118.125 Confidentiality/maintenance of student records
    • 118.13  Student discrimination prohibited
    • 121.02(1)(i) Safe and healthful facilities
    • 146.81-146.83 Patient health care records confidentiality
    • 252.15 Confidentiality of HIV-related information
    • 252.19 Communicable diseases; protection of the public
    • 252.21 Reporting suspected communicable diseases
  • Wisconsin Administrative Code
    • DSS 145 Communicable disease control
    • DSS 145 Appendix A List of Communicable diseases and other notifiable conditions
    • ILHR 32 Bloodborne pathogens plan requirement
  • Americans with Disabilities Act Title I and Title II
  • Section 504 of the Rehabilitation Act of 1973

CROSS REF.:

AFFIRMED:

  • February 10, 1998
  • October 22, 2024

Rule 5533 – Communicable Disease

  1. Educational and Preventative Measures
    1. The District will ensure that it obtains and appropriately retains records of all immunizations (or a related waiver) and health examinations/tests (e.g., tuberculin screening or test results) required of students and staff by law and Board policy.
    2. The building Administrator shall post or verify the posting of the Department of Health Services’ Wisconsin Childhood Communicable Diseases Chart at each school in at least the nurse/health office or other primary station/area that is designated for student health services. The chart is a non-comprehensive reference and general guide for school staff that includes information on selected diseases, including signs and symptoms, incubation periods, periods of communicability, modes of transmission, and control measures/public health responses.
    3. Personal protective equipment and other supplies as appropriate for reducing the risk of transmission of communicable diseases in the school environment, as determined in consultation with public health officials and/or a health care professional serving the District, will be provided in each school building.
    4. The Office of Communications shall ensure that sick-day guidelines or other school-to-home communications inform parents and guardians of general expectations and standards for keeping students who are sick, or who are known or believed to be at risk of carrying or spreading a communicable disease, home from school (including avoiding in-person participation in school activities).
    5. Those employees who are occupationally exposed to blood or other potentially infectious materials in the performance of their duties shall receive training upon initial employment and annually thereafter. “Occupationally exposed” means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee’s duties.
      1. All employees who receive training are expected to adhere to the procedures covered in the training, including but not limited to complying with procedures that address exposure prevention/mitigation and the procedures to follow in the event of an exposure incident in a school or other work-related setting, including, to the extent practical, District-related activities occurring off District premises.
  2. Reporting Communicable Disease Information and Exposure Incidents
    1. Intra-District Reporting:
      1. Any District employee, as well as any non-employee contracted service provider who works in any school or directly with students, who knows or suspects that a student, District employee, or other person who has been present in a school or other District facility has a communicable disease or that a communicable disease may be otherwise present in any such setting shall immediately report the information to the school Administrator or his/her designee.  Such information may alternatively be reported to the school nurse.   Other persons, including any parent, student, school volunteer, or visitor who knows or suspects that a communicable disease may be present in a school setting or in any other District facility, are strongly encouraged to report the information in the same manner as is outlined for school employees.  Upon receiving a report under this paragraph, the relevant District official shall:
        1. Promptly evaluate the relevant information for purposes of determining an appropriate response. The relevant official should seek clarifying information (e.g., from the subject of the report, a student’s parent or guardian, etc.) and confer with relevant subject matter experts (e.g., medical professionals, public health officials, etc.) as needed and to the extent circumstances permit.
        2. If the District Administrator has not already been notified, notify the District Administrator of the situation no later than the point at which a decision is made to pursue external reporting (see below) or the point at which the official determines there is a reasonable probability that the District will need to formulate an incident-specific response.
      2. Whenever any occupationally exposed employee, as defined above, or other person who has received training in the District’s Exposure Control Plan has an actual incident involving exposure to blood or other potentially infectious agents or materials, the person is expected to report the incident to relevant supervisors or administrators in accordance with the procedures outlined in the Exposure Control Plan.
    2. Reports to Public Health Officials:
      1. Pursuant to state law and as further outlined in this section, a school nurse or building Administrator who confirms that a communicable disease is present in a school is required to immediately notify a local public health officer. By policy, the District extends the external reporting responsibilities outlined in this section to the following additional positions: the District Administrator.
      2. Nuisance diseases, such as head lice and/or bed bugs, are not required to be reported to the local public health officer. However, a school nurse or building Administrator or their designee may contact public health officials for information about the prevention, control, and treatment of such diseases and request their involvement in addressing particular outbreaks.
  3. Exclusion of Students from School
    1. Students in any of the following situations shall be granted an excused absence from school until their presence, as ultimately determined by the District or any applicable public health order or directive, no longer poses an unacceptable threat to the health of themselves or others:
      1. Any student who has been diagnosed from their health care provider as having a communicable disease that renders them unable to pursue their studies or that poses a significant risk of transmission to others in the school environment, or any student who is in the process of seeking a diagnosis due to a reasonable concern or suspicion of having such a disease.
      2. Any student who is subject to a public health order that excludes them from school. Notwithstanding the remainder of these procedures, a public health order that requires a student’s exclusion from school (including an order excluding non-vaccinated students from school following a substantial outbreak of a vaccine-preventable disease) is sufficient, by itself, to justify an exclusion.
    2. Under state law, any nurse who is employed by or directly serving a school, or any building Administrator may send a student home from school if the student is suspected of having a communicable disease or other disease that the Department of Health Services has specified by rule. District Leadership is also authorized to make such a determination as a designee on behalf of any building Administrator.
      1. Any nurse serving a school who sends a student home under the above authority shall immediately notify the student’s parent or guardian of the action and the reasons for the action. As soon as practicable, the District shall also notify the student’s parent or guardian of any specific terms or conditions on the student’s return to school.
      2. A nurse who sends a student home shall also promptly notify the building Administrator and office staff of the action and the reasons for the action.
    3. A District’s decision to exclude a student from school (including any restrictions on a student’s participation in school-sponsored activities) beyond the current school day for reasons related to a communicable disease, including the duration and any other terms and conditions of such an exclusion, shall initially be made or expressly approved by the building Administrator. District Leadership or his/her administrative-level designee may also make or give final approval to such a decision.  Such decisions shall be based on all of the relevant facts and circumstances, giving appropriate consideration to information that may be provided by health care professionals and/or public health officials and to any applicable public health orders or standards that may be established by any authorized public health agency or official(s).
      1. Any initial determination shall be revisited as soon as reasonably practicable if a student has been initially sent home or excluded from school as a health and safety measure conditioned on the receipt of additional information. Similarly, any initial determinations shall be subject to reconsideration in the event of a material change in circumstances or due to the availability of new, material information. Such reconsideration may be initiated by the District or upon the request of student’s parent or guardian.
    4. Any time a decision or order to exclude a student from school due to a communicable disease involves a student with a disability under either Section 504 or under the Individuals with Disabilities Education Act (IDEA), the District employees involved in the matter shall promptly inform the District’s lead administrator or Director of Special Education and Student Support, so that appropriate District personnel can evaluate the District’s obligations and options regarding any required notices, potential changes in placement, modifications to the student’s individualized education program (IEP) or section 504 plan, etc.
    5. Any student who is excluded and excused from school attendance due to a communicable disease concern is entitled to at least the same opportunities to make up work as are available to other students with an excused absence. In addition, the student’s parent or guardian (or an adult student) may submit a request for particular program or curriculum modifications.  Depending on the duration of the period of exclusion, the District may also affirmatively propose other alternative educational arrangements and opportunities for the student.
    6. Following any incident or student absence from school that involves a concern about a communicable disease, the administration may require a statement from a public health official or from a qualified health care provider about a student’s suitability to return to school, if the matter warrants such a statement.
    7. Appeals: An adult student or any minor student’s parent or guardian who disagrees with a determination or related action of the District concerning an exclusion from school (including any restrictions on access) under these procedures may appeal such determination or action to the District Administrator or his/her designee at any time prior to the student’s return to school without any restrictions.  The appeal shall be in writing and shall include the following: (1) a statement of the relevant facts; (2) a statement of the relief requested; and (3) any necessary medical information that has not previously been provided.  Once all information necessary for the appeal has been received, the District Administrator or his/her administrative-level designee shall normally render a decision in writing within 3 business days, unless the administrator informs the appealing party of the need and reason for an extension.
  4. Exclusion of Employee from the Workplace
    1. Employees who know or reasonably suspect that they have any communicable disease that would present a danger in a school or other work-related environment are expected to take reasonable measures to avoid the risk of transmission of the disease in such environments, including by at least informing an appropriate supervisor/administrator of any potential risk of the presence or transmission of a communicable disease.
      1. In accordance with state law:
        1. Freedom from tuberculosis in a communicable form is a condition of employment for all District employees who come into contact with children or who handle or prepare food for school children.
        2. School food service employees shall refrain from handling food while they have a disease in a form that is communicable by food handling.
      2. Employees are expected to follow any applicable public health orders or other applicable emergency orders related to a communicable disease that may be issued by local, state, or federal officials or agencies.
    2. Notwithstanding the remainder of these procedures, an order from a health care provider or the Health Department that requires an employee’s exclusion from the workplace is sufficient, by itself, to justify the exclusion.
    3. Employees who are suspected of having or who are diagnosed as having a communicable disease that poses a significant health risk to any other person in the school environment or that renders them unable to safely or adequately perform their duties may be excluded from work by the District consistent with District procedures and applicable legal requirements.
    4. Before making a determination that an employee will be involuntarily excluded from work due to a communicable disease concern:
      1. The employee, if reasonably available, shall be informed of the reasons for the contemplated action.
      2. Any information the employee may choose to offer regarding his/her condition(s) shall be considered, to the extent time allows.
      3. Consideration should be given to whether an accommodation that is acceptable to the District could eliminate the health risk to others and/or permit adequate performance. Under no circumstances is the District required to approve an accommodation that results in undue hardship to the District or that would pose a “direct threat” to the health or safety of others.
    5. In determining whether the risk to health or safety of others is significant enough to justify exclusion of the employee from the workplace, the following factors will be considered: (1) the duration of the risk; (2) the nature of severity of the potential harm; (3) the likelihood of potential harm; and (4) any applicable public health regulations, orders, or standards.
    6. The administrator or supervisor charged with making a decision under these procedures to exclude an employee from the workplace, or his/her designee, shall provide written notice of any exclusion to the affected employee(s).
      1. Any initial determination shall be revisited as soon as reasonably practicable if an employee has been initially excluded from work as a health and safety measure conditioned on the receipt of additional information Similarly, any initial determinations shall be subject to reconsideration in the event of a material change in circumstances or due to the availability of new, material information. Such reconsideration may be initiated by the District or upon the request of the employee.
    7. An employee excluded from the workplace who is not able to fully perform his/her duties may utilize any applicable employment rights or benefits provided under applicable law, existing Board policies, any applicable contract, and/or provisions of the Employee Handbook—which may include, for example, accrued sick leave, other accrued paid leave (e.g., paid vacation), family and medical leave (if eligible), applying for an unpaid leave of absence, or consideration for reassignment. Except to the extent provided by any such employment rights or benefits, an employee who is excluded from work under these procedures is not guaranteed paid leave or continued or renewed employment.
    8. At the District’s discretion, the administration may require an order from a qualified health care provider, or other documentation acceptable to the District, that confirms an employee’s suitability to return to work after an issue has arisen in connection with a communicable disease. Except in the very limited circumstances authorized under applicable law, the District will not solicit or require an HIV test as a condition of employment for any employee.
    9. Appeals: A District employee who disputes the determinations or actions of the District concerning his/her exclusion from work under these procedures may appeal the determination or action to the District Administrator or his/her designee. The appeal shall be in writing and shall include the following: (1) a statement of the relevant facts; (2) a statement of the relief requested; and (3) any necessary medical information that has not previously been provided. Once all information necessary for the appeal has been received, the District Administrator shall normally render a decision in writing within 3 business days unless the administrator informs the appealing party of the need and reason for an extension.
  5. Maintenance and Confidentiality of Communicable Disease Records and Information
    1. Maintenance and Confidentiality of Student-Related Records:
      1. Health and medical records of an individually-identifiable student that relate to any communicable disease, except for a student’s immunization records and any other records that state law expressly defines as “pupil physical health records,” shall be maintained in a confidential manner and with greater restrictions on access and disclosure than the student’s general progress and behavioral records.
      2. Subject to the District’s student records policies and applicable law, a student’s personally-identifiable immunization records and certain lead screening records shall be maintained and treated as progress records of the student. Any other records of basic student health information that state law expressly defines as “pupil physical health records” (e.g., emergency medical cards, records of medication and first aid administration, etc.), shall be maintained and treated as behavioral records of the student.
    2. Maintenance and Confidentiality of Employee-Related Records:
      1. Except as otherwise permitted or required by law, the District will treat health and medical records of an employee that relate to any communicable disease as records that are subject to the confidentiality requirements of the Americans with Disabilities Act (ADA) as it applies to records of employee medical histories and examinations and disability-related inquiries. Such records shall be maintained in a file that is separate from the employee’s other non-medical personnel records.