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. XL, No. 52, December 28, 2023
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].