FFAD(LEGAL) - WELLNESS AND HEALTH SERVICES: COMMUNICABLE DISEASES

Reports

School authorities, including a superintendent, principal, teacher, school health official, or counselor, should report to the local health authority those students attending school who are suspected of having a notifiable condition, as defined by state law and the Texas Department of State Health Services (TDSHS). If there is no local health authority appointed for the jurisdiction where the school is located, the report shall be made to the TDSHS regional director. 25 TAC 97.2(d), .5(a); Health and Safety Code 81.041–.042

Sexually Transmitted Diseases and HIV

In addition to the reporting requirements at Reports, above, a health professional as defined by 25 Administrative Code 97.131(5), and a local school authority shall report cases and suspected cases of STD(s) in the manner described in 25 Administrative Code 97.133. 25 TAC 97.132(a)(1)

[See FFG(LEGAL) regarding reports to the Department of Family and Protective Services]

"School authority" means the superintendent or the superintendent's designee. Health and Safety Code 81.003(10)

Penalties

A person commits a Class B misdemeanor if the person knowingly fails to report a reportable disease or health condition under Health and Safety Code Chapter 81, Subchapter B. Health and Safety Code 81.049

Exclusion

Communicable Condition Defined by Rule

A principal shall exclude from attendance any child having or suspected of having a communicable condition listed in 25 Administrative Code 97.7(a) until the readmission criteria for the condition are met. 25 TAC 97.7(a)

Communicable Disease Designated by Commissioner

A principal shall exclude from attendance any child having or suspected of having a communicable disease designated by the commissioner of health as cause for exclusion. Any child excluded for reason of communicable disease may be readmitted, as determined by the health authority, by:

  1. Submitting a certificate of the attending physician, advanced practice nurse, or physician assistant attesting that the child does not currently have signs or symptoms of a communicable disease or to the disease's non-communicability in a school setting;
  2. Submitting a permit for readmission issued by a local health authority; or
  3. Meeting readmission criteria as established by the commissioner.

25 TAC 97.7(b)–(c)

Note: The TDSHS Recommendations for the Prevention and Control of Communicable Diseases in a Group-Care Setting, including the Communicable Disease Chart for Schools and Child-Care Centers, details symptoms and treatment information regarding several diseases, as well as exclusion and readmission criteria.

Bacterial Meningitis

TDSHS shall prescribe procedures by which each district shall provide information relating to bacterial meningitis to its students and their parents each school year. The procedures must ensure that the information is reasonably likely to come to the attention of the parents of each student. The department shall prescribe the form and content of the information.

With the written consent of TDSHS, a district may provide the information to its students and their parents by a method different from the method prescribed by the department if the department determines that method would be effective in bringing the information to the attention of the parents of each student.

Education Code 38.0025

Hempstead ISD

FFAD(LEGAL)-P

UPDATE 114

DATE ISSUED: 11/4/2019