West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-051 - Health Promotion and Disease Prevention (2423) › Section 126-51-9 - Disease Control Measures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Distinctions will be made related to diseases that are communicable in the
				school setting versus those known not to be spread by casual contact, e.g.,
				AIDS, Hepatitis B, Hepatitis C and other like diseases.
9.2. Each reported case of disease known not
				to be spread by casual contact will be validated by a designated individual
				such as a school nurse (W. Va. Code §
									18A-5-1
				and § 18-5-22 ).
9.3. The
				administrator or school nurse shall exclude from the school any pupil or pupils
				known to have or suspected of having any infectious disease known to be spread
				by casual contact and is considered to be a health threat to the school
				population. The superintendent has the authority to exclude a staff member from
				school when reliable evidence or information from a qualified source confirms
				him/her of having a potential communicable disease that is known to be spread
				by any form of casual contact and is considered a health threat to the school
				population. Such a student or staff member shall be excluded in accordance with
				guidelines of AAP, CDC and WVDHHR unless his/her physician approves school
				attendance and the condition is no longer considered contagious. All reportable
				communicable diseases will be referred to the local health department, as set
				forth in West Virginia Bureau for Public Health Legislative Rule 64CSR7,
				Reportable Diseases, Events and Conditions. In the event of a suspected
				communicable disease outbreak as defined by the Commissioner, public schools
				and/or county boards of education shall release student personally identifiable
				information to appropriate public health officials as allowable by FERPA's
				Health and Safety Emergency Disclosure and W. Va. 126CSR94, WVBE Policy 4350,
				Procedures for the Collection, Maintenance and Disclosure of Student Data. The
				local health department is able to provide reportable communicable disease
				guidance or go to
http://www.dhhr.wv.gov/oeps/disease/Pages/default.aspx
,
9.4. The West Virginia Bureau for Public
				Health Legislative Rule, Reportable Diseases, Events and Conditions, 64CSR7,
				establishes procedures governing the reporting of certain diseases and
				conditions, unusual health events and clusters or outbreaks of disease to the
				Bureau. It establishes the responsibility of school administrators, school
				nurses and other health care providers working in schools to report, assist
				with or manage the outbreak and any necessary contact investigation and
				management including implementation of control methods to limit the spread of
				communicable disease. This process frequently occurs as a simple surveillance
				report of possible communicable disease cases within the school facility
				without personal identifiable information as requested by the local public
				health department or regional Epidemiologist. After review of the information,
				in some cases (e.g. foodborne outbreak, respiratory outbreak, case or outbreak
				of a reportable condition such as vaccine preventable disease, hepatitis,
				meningitis and encephalitis) the state, regional and/or local public health
				department, along with the BPH Commissioner and staff, may request student or
				staff personal identifiable information (name, address, and phone number) for
				cases and contacts of cases based on surveillance data to fully investigate a
				case or outbreak of communicable disease, including the complete and accurate
				(racing of contacts for the purpose of recommending and/or providing
				appropriate post-exposure prophylaxis in an effort to prevent additional cases.
				The investigation of any communicable disease outbreak is based on scientific
				grounds and utilizes follow-up information to verify line list data and
				information on risk factors to protect the health and safely of the public
				including those currently experiencing the disease. Risk factors might include
				classroom, participation in school activities and transportation, behaviors and
				exposures to environmental sources or other persons. This release of personal
				identifiable information to public health officials is classified as a Health
				and Safety Emergency in the FERPA rule allowing schools to release the
				information needed for protection of public health.
9.5. Mandatory screening for communicable
				diseases that are known not to be spread by casual contact is not warranted as
				a condition for school entry or for employment or continued employment, nor is
				it legal based on W. Va. Code §
									16-3C-1.
				All screenings performed in the public school setting should be age appropriate
				deemed effective and necessary through evidence-based and scientific
				researched-based practice utilizing standard procedures and with the Protection
				of Pupil Rights Amendment (PPRA), 20 U.S.C. §1232h. W. Va. Code §
									18-5-22
				allows county boards to provide proper medical and dental inspections for all
				students attending school and gives authority to take any other necessary
				actions to protect students from infectious diseases.
9.6. Irrespective of the disease presence,
				standard/universal precautions shall be used and adequate sanitation facilities
				will be available for handling blood or body fluids within the school setting
				or school buses. Blood and body fluids from any person in the school setting
				shall be treated with standard/universal precautions; no exception shall be
				made when handling blood and body fluids. School personnel will be trained in
				standard/universal precautions as set forth by the Occupational Safety and
				Health Administration recommendations and guidelines at http://www.osha.gov/
				[File Link Not Available].