ACBB-AP: Significant Contagious Diseases

West Fargo Public Schools adopted this policy with the intent of protecting the health and safety of all district students, staff, and independent contractors.

Definitions

• Affected person, affected individual, or affected student means an individual who has been diagnosed by a physician as having contracted a significant contagious disease.
• Decisionmaker is the affected person's personal physician.  However, whenever an affected student is also disabled as defined under the Education For All Handicapped Children Act, 20 U.S.C. 1401(a)(1) or North Dakota Century Code chapter 15-59, the decisionmaker is the multidisciplinary team provided for under subsection 4 of North Dakota Century Code section 15-34.1-03.
• Independent contractor means any person or entity who is free of control or direction over performance of the service provided both under the contract and in fact, who renders service outside the ordinary course of business or outside of the place of business of the contractor and who is engaged in an independently established trade, organization, profession, or business.
• Institution includes all public kindergartens, elementary, middle, and high schools operating within all school districts in North Dakota.
• Reasonable accommodations are defined by subsection 17 of North Dakota Century Code section 14-02.4-02 or U.S.C. 794.
• Significant contagious disease includes cytomegalovirus (CMV), hepatitis B (HBV) and human immunodeficiency (HIV) infection. The local board of health or the state health officer may determine that other diseases are significant contagious diseases.
• Special provisions are individually tailored education decisions designed to meet the needs of students requiring unique accommodations to ensure an educational opportunity.  Special provisions are directed to students not covered by an individualized education program.
• Universal precautions mean protecting one's self from exposure to blood or body fluids, through the use of latex gloves, masks, or eye goggles, cleaning blood and body fluid spills with soap and water and then disinfecting and incinerating or decontaminating infectious waste before disposing in a sanitary landfill.

Universal Precautions

The District shall use universal precautions as standard procedure in the care and maintenance of school property and in administering first aid or otherwise handling emergencies.

Nondiscrimination and Anti-Harassment

No person shall be denied admission as a student, a contract as an independent contractor, or employment solely because they have or they are perceived to have a significant contagious disease.  The District prohibits harassment and/or discrimination against an individual diagnosed as having a significant contagious disease on and using school property.  Complaints alleging harassment/discrimination based on a significant contagious disease shall be handled in accordance with the district’s Discrimination and Harassment Grievance Procedure (AAC-AR1).

Confidentiality

All information concerning an affected person’s condition that is given to an employee or official of the District shall remain confidential to the extent required or permitted under applicable law.  The Superintendent shall develop procedures to protect against confidentiality breaches (IDC).

No employee or official of the District may inform anyone of an affected individual's infection or release any information to the public either confirming or denying the presence within the District of a person who has contracted a significant contagious disease, unless otherwise required to do so by law.  An employee violating these prohibitions shall be subject to disciplinary consequences in accordance with policy, law, and, when applicable, the negotiated agreement.

Spokesperson

The District designates the administrator appropriate to the situation as the person to receive information concerning the status of students, employees, and independent contractors from their physicians.  The spokesperson shall be the official representative of the District when information concerning an affected individual becomes public and may not delegate this duty unless authorized by the Board.  The spokesperson may request assistance from the Department of Public Instruction or State Department of Health in developing a plan for conflict resolution and shall comply with all applicable requirements in the district’s policy on relations with the news media (KBA-AP) when handling media requests related to significant contagious disease.

Reasonable Accommodations

1. Students:  The District shall not prohibit a student from attending school solely because they have, or they are perceived to have, a significant contagious disease.  If the student is well enough to attend the institution, and does not constitute a public health threat, as determined by the decisionmaker or local board of health, the student must be permitted to attend school.  If the student is unable to attend regular class instruction or requires special consideration, then reasonable accommodations, special provisions, or individualized education programs must be provided for the student.
   
   The principal shall establish special provisions procedures.
    
2. Employees and Contractors:  Employees, potential employees, and independent contractors may not be terminated or prevented from becoming employed in the District solely because they have or they are perceived to have a significant contagious disease.  If the employee is well enough to perform their job and does not constitute a public health threat to others, as determined by a decisionmaker or the local board of health, the employee must be permitted to perform the duties.  The District shall consider and implement reasonable accommodations to allow the affected individual to become/continue as an employee or become/continue as an independent contractor. 

Education

1. Students:  The District shall implement an instructional program on significant contagious disease appropriate to each participating grade level, providing information about the diseases, methods of transmission, the means of protecting against contracting diseases in an educational setting, and the use of universal precautions and prevention.  Instruction will begin in Grade K and continue through Grade 12.
   
   The Director of Curriculum is charged with recommending revisions in the program to update and modify the curriculum as new information about significant contagious diseases is made available.  The Department of Public Instruction and/or the State Department of Health shall review and approve any curriculum and materials developed for use in this program according to the guidelines established by the Center for Disease Control.
   
   Prior to the start of the significant contagious disease instructional program, and at any time thereafter, parents and guardians of students who will be involved in this program shall have an opportunity to preview/review the curriculum and materials.
    
2. Employees:  All district employees shall receive a copy of Universal Precautions and Sanitary Cleanup (ACBB-AR2), which addresses significant contagious disease prevention.
   
   Those employees designated to teach significant contagious disease prevention to students shall receive additional training from qualified health education professionals.
    
3. Independent Contractors:  All independent contractors performing services for the District shall receive a copy of Universal Precautions and Sanitary Cleanup (ACBB-AR2), which addresses significant contagious disease prevention.

Adopted: 09/29/20
Reviewed:
Revised: