The Board of Education has established reasonable health requirements as prerequisites to admission or attendance, including the requirement that students undergo physical examination prior to admission.
Where it can be medically established that a student suffers from a serious infectious disease and there is a significant risk of transmission of the disease to others because of the nature of the disease or the personal characteristics of the student carrier, it may be appropriate to exclude the student from the regular classroom. The determination of exclusion of any student will be made on a case by case basis with appropriate procedural due process safeguards. However, where the risk of transmission is relatively low or appropriate procedures can be adopted to reduce the risk of transmission, exclusion is not warranted.
A child with an infectious disease may be considered handicapped, if the condition presents such physical impairment that limits one or more major life activities. Therefore, Section 504 of the Rehabilitation Act, the "Education of all Handicapped Children Act" may apply. The parent, guardian or the school administration may make a referral for determination whether the student is handicapped and entitled to protection under Section 504. The Planning and Placement Team will determine whether the student is handicapped or is "otherwise qualified" within the meaning of Section 504. All students should be educated in the least restrictive environment.
(cf. 5141.3 – Health Assessments and Immunizations)
Legal Reference: "Education for Children with Disabilities", 20 U.S.C. 1400, et. Seq.
Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. 706(7)(b)
"Americans with Disabilities Act"
The Family Education Rights and Privacy Act of 1974, (FERPA). 20 U.S.C. 1232g, 45 C.F.R. 99.
Conn. Gen. Stat. § 10-76(d)(15) Duties and powers of boards of education to provide special education
programs and services.
Conn. Gen. Stat. § 10-154a Professional communications between teacher or nurse and student.
Conn. Gen. Stat. § 10-207 Duties of medical advisors.
Conn. Gen. Stat. § 10-209 Records not to be public.
Conn. Gen. Stat. § 10-210 Notice of disease to be given parent or guardian.
Conn. Gen. Stat. § 19a-221 Quarantine of certain persons.
Conn. Gen. Stat. §§ 19a-581 to 585 AIDS testing and medical information.
Litchfield Board of Education
Policy Adopted: November 17, 1987
Policy Reviewed: October 1, 1998
Reviewed by nurses: November 2005
Policy Revised: February 15, 2006
Policy Revised: April 30, 2014