- Section J: Students
JLCC - COMMUNICABLE DISEASES: EXCLUSION AND READMISSION TO SCHOOL
[DWM NOTE: THIS POLICY HAS BEEN UPDATED BASED ON SEVERAL CHANGES IN APPLICABLE LAWS IN 2017. DWM ALSO ADVISES THAT SCHOOL UNITS ENSURE THAT THEY HAVE APPROPRIATE PROCEDURES IN PLACE TO EFFECTIVELY IMPLEMENT THIS POLICY. CHANGES SHOULD NOT BE MADE TO THIS POLICY WITHOUT CONSULTATION WITH LEGAL COUNSEL.]
COMMUNICABLE DISEASES
A. Basis for this Policy
The Board complies with all applicable laws and regulations concerning communicable diseases in the interest of promoting the health and safety of students, employees, and visitors to the schools.
B. Duty to Inform the Superintendent
Teachers are expected to be alert to students showing signs of illness, and refer students who have such symptoms to the school nurse. If a teacher or school nurse has reason to believe that a student has a communicable disease of the skin, mouth, or eyes, the Superintendent shall be informed.
C. Permissible Superintendent Responses
In such cases, under Maine law and depending on the particular circumstances, the Superintendent may:
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Notify the student’s parents/guardians to provide necessary care and/or medical treatment to alleviate the condition in accordance with the legal obligation of parents/guardians to promptly take such measures as are reasonably necessary to ensure that the student is not a public health threat);
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Exclude the student from all school activities as soon as appropriate transportation home is available and until they no longer pose a public health threat; and/or
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Consult with the school nurse.
D. Mandatory Exclusion of Students
The Superintendent is required to exclude from school any student who has contracted or has been exposed to a communicable disease, as directed by a health care provider after consultation with the Department of Health and Human Services (DHHS).
In addition, in any case, when the Superintendent has been notified that a public health official has reason to believe that the continued presence in school of a student who has not been immunized against one or more diseases presents a clear danger to the health of others, the student shall be excluded from school. Unimmunized students must be excluded from school until the period of danger has passed (in accordance with applicable state regulations/guidelines). In such cases, if a student is absent from school for more than 10 days, the Superintendent shall make arrangements to meet the educational needs of the student.
In the event of an actual or threatened outbreak of a communicable disease or other public health threat, DHHS may order that any person attending school be excluded until DHHS determines that a public health threat no longer exists. The student shall not be permitted to return to school until DHHS, in consultation with the health care provider responsible for the student’s care, determines that return is permissible and will not pose a threat to public health, and notifies the Superintendent of this determination.
E. Requirements for Returning to School
Any student returning to school after being excluded under this policy is required to provide appropriate medical documentation that they no longer pose a health risk in the school.
Legal Reference: 5 MRSA § 19201 et seq.
20-A MRSA §§ 1001.11-A, 6301, 6356
22 MRSA, Chapter 250
MDOE Rule Chapter 126
DHHS Rule Chapter 258
Amended: 12/22/97
Amended: 07/16/01
Reviewed: 05/03/10
Amended: 05/20/24
- Section J