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Sweetwater Un HSD |  AR  5112.2  Students

Exclusions From Attendance   

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Exclusion from Attendance

The Board of Trustees district recognizes that the exclusion of certain students from attending school classes is sometimes necessary because of filthy or vicious habits or contagious or infectious diseases.

Restrictions

Exclusions shall not be used to remove students from school who are disciplinary problems. Suspension, expulsion, transfer to alternative programs and other administrative measures shall be used with these students.

Exclusion from Attendance

Students may be excluded from attendance in the schools of this district for any of the following reasons:

1. Inappropriate behavior or those suffering from contagious or infectious diseases.

2. Physical or mental disability is such as to cause his/her attendance to be inimical to the welfare of the other students.

3. Non-presentation of evidence of immunization from certain infectious disease as required by law unless the parent/guardian/caregiver requests, in a written statement, exemption from the requirement on the basis of the physical condition of the student or conflict with religious beliefs of the parent(s)/guardian(s)/caregiver(s).

4. The student resides where any contagious, infectious, or communicable disease exists, or has existed, which is subject to quarantine, shall not be permitted to attend school without written permission of the health officer.

Notice of Exclusion of Student

1. Prior to excluding a student from attendance, the Superintendent or his/her designee shall send a notice to the parent(s)/guardian(s)/caregiver(s) of the student. The notice shall contain the following statements:

a. A statement of the facts leading to a decision to propose exclusion.

b. A statement that the parent(s)/guardian(s)/caregiver(s) has a right to meet with the Board to discuss the proposed exclusion.

c. A statement that at any such meeting the parent(s)/guardian(s)/caregiver(s) shall have an opportunity to:

(1) Inspect all documents on which the Board is basing its decision to propose exclusion.

(2) Challenge any evidence and confront and question any witness presented by the Board.

(3) Present oral and documentary evidence on the student's behalf, including witnesses.

(4) Have one or more representatives of the parent(s)/guardian(s)/caregiver(s) present at said meeting.

d. A statement that the decision to exclude the child is subject to periodic review and a statement outlining procedures for such periodic review.

2. The Superintendent or his/her designee shall not be required to send prior notice of exclusion to the parent(s)/guardian(s)/caregiver(s) if the student is excluded because:

a. He/she resides in an area subject to quarantine.

b. He/she is exempt from medical examination but suffers from a contagious or infectious disease.

c. It is determined that the student would constitute a clear and present danger to the life, safety, or health of students or school personnel.

3. However, the Superintendent or his/her designee shall send a notice as soon as reasonably possible after the exclusion.

4. In case of severe communicable, contagious, or infectious diseases, including AIDS infection, procedures for exclusion shall be as outlined in Board policy 5141.22 and implementing regulations.

Appeals from Exclusion

Upon exclusion of his/her child, a parent/guardian may meet with the Superintendent or designee to discuss the exclusion. If the parent/guardian disagrees with the decision of the Superintendent or designee to exclude his/her child, he/she may appeal the decision to the Board.

The parent/guardian shall have an opportunity to inspect all documents upon which the district is basing its decision, to challenge any evidence and question any witness presented by the district, to present oral and documentary evidence on the student's behalf, and to have one or more representatives present at the meeting.

Legal Reference:

EDUCATION CODE

48210-48216 Persons excluded

49076 Access to records by persons without written consent or under judicial order

49408 Information of use in emergencies

49451 Parent's refusal to consent

HEALTH AND SAFETY CODE

120230 Exclusion of persons from school

120325-120380 Educational and child care facility immunization requirements

121475-121520 Tuberculosis tests for students

124025-124110 Child Health and Disability Prevention Program

CODE OF REGULATIONS, TITLE 5

202 Exclusion of students with a contagious disease

Management Resources:

WEB SITES

California Department of Health Services: http://www.cdph.gov

California Healthy Kids Resource Center: http://www.californiahealthykids.org

Centers for Disease Control and Prevention: http://www.cdc.gov

Regulation SWEETWATER UNION HIGH SCHOOL DISTRICT

approved: November 17, 2008 Chula Vista, California