As COVID-19 spreads, most states have laws that address how schools should respond to pandemics

Publication Date:

March 11, 2020

Topic:

COVID-19

UPDATED March 20, 2020: This resource has been updated to include and reflect a regulation adopted by the state of Montana in January 2020 that LexisNexis and WestLaw had not yet included in their databases. As noted below, recently passed legislation and regulation may not have been captured in our initial search. If there are other regulations or statutes that you feel are missing from this compendium, please email dtemkin@childtrends.org

The COVID-19 outbreak has led schools across the country to assess their level of preparedness for a pandemic. Forty-nine states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have statutes and/or regulations that govern how schools or school districts should respond to a disease outbreak. This resource from Child Trends and EMT Associates, Inc. provides the text of state statutes and regulations—as well as noncodified guidance from state health and education agencies—that relates to pandemic planning for schools. This tool is designed as a resource for educators, policymakers, and general audiences to learn more about pandemic planning for schools within their states; it is not designed to provide a comprehensive analysis of these policies.

There is significant variation in the prescriptiveness and content of state/territorial statutes and regulations. The vast majority of state policies touch on the following areas:

  • Mandatory notification by the school to the health department when a student is suspected of having a contagious disease
  • Authorizations to exclude students from school and guidelines related to when they can be readmitted
  • Authorization for school closures
  • Provisions for teacher paid time off or paid medical leave in the event of school closures
  • Provisions for how schools can adjust attendance calculations for state and federal accountability purposes and/or adjust school schedules by adding days or hours

Several states have language requiring schools to develop plans or policies to address aspects of a contagious disease outbreak. However, fewer states have more comprehensive plan requirements that address issues, such as disease prevention, emergency procurement and staffing, flexible or remote instruction, or students’ access to services when schools are closed—for example, Oregon’s law establishing a “Pandemic-related Supplemental Nutrition Program” to provide food for students who otherwise would receive free meals at school. Examples of states with more comprehensive plans include, but are not limited to, Georgia, Ohio, Oregon, Pennsylvania, Washington, and West Virginia.

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Alabama

Statutes and Regulations

Ala. Code § 22-11A-38

“…(c) The attending physician or the State Health Officer or his designee may notify the appropriate superintendent of education when a student or employee has a contagious disease that endangers the health and welfare of others.

(d) Physicians or the State Health Officer or his designee may notify a third party of the presence of a contagious disease in an individual where there is a foreseeable, real or probable risk of transmission of the disease.”

Noncodified Policies and Guidance

COVID-19 Resources

Guidance to Schools on COVID-19

Alaska

Statutes and Regulations

Alaska Admin. Code tit. 4, § 05.090

“…(e) A superintendent may order the emergency closure of a school under AS 14.03.030(2) if closure is necessary to protect the public health or safety of the students, staff, or community. To the extent practicable, the superintendent shall consult with the department and with state and federal agencies with jurisdiction over public health and safety. The superintendent shall notify the department in writing no more than 24 hours after ordering an emergency closure.

(f) If a school is temporarily discontinued or closed for disciplinary or safety reasons, the facility must remain closed for all purposes until the school is reopened.

(g) A superintendent who has ordered an emergency closure of a school shall submit a modified calendar for the school to the department as soon as practicable after the closure. Under the modified calendar, the district shall implement one or more of the following actions:

(1) if the original calendar provided for more than 180 days, reduce the number of days in session or days used for in-service training for the school, so the combined number of days in session and days used for in-service training under the modified calendar remains in compliance with AS 14.03.030;

(2) designate emergency closure days in place of days in session or days used for in-service training if the emergency closure days have been approved by the commissioner under AS 14.03.030(2) and (h) of this section;

(3) designate additional days that the school must be in session to replace school closure days that were not reduced under (1) of this subsection or approved as emergency closure days under (2) of this subsection.”

Alaska Stat. Ann. § 14.03.030

“A school term begins and ends on the dates fixed by the governing body of a school district. A school term shall include not less than 180 days in session unless, with the approval of the commissioner,

(1) a day used for in-service training of teachers is substituted for a day in session, up to a maximum of 10 days;

(2) an “emergency closure day” is substituted for a day in session because of conditions posing a threat to the health or safety of students; or

(3) the school board adopts a different school term that includes at least 740 hours of instruction and study periods for pupils in kindergarten, first grade, second grade, and third grade and at least 900 hours of instruction and study periods for pupils in grades four through 12 if the commissioner finds that the school board has submitted an acceptable plan under which students will receive the approximate educational equivalent of a 180-day term.”

Noncodified Policies and Guidance

Alaska Department of Education and Early Development COVID-19 Memo

Arizona

Statutes and Regulations

Ariz. Admin. Code § R9-6-203

“A. An administrator of a school, child care establishment, or shelter shall, either personally or through a representative, submit a report, in a Department-provided format, to the local health agency within the time limitation in Table 2.2 and as specified in subsection (B).

  1. For each individual with a disease, infestation, or symptoms of a communicable disease or infestation listed in Table 2.2, or an outbreak of the communicable disease or infestation, an administrator of a school, child care establishment, or shelter shall submit a report…”

Ariz. Admin. Code § R9-6-101

“…58. “Outbreak” means an unexpected increase in incidence of a disease, infestation, or sign or symptom of illness…

65. “Pupil” means a student attending a school….

66. “Quarantine” means the restriction of activities of an individual or animal that has been exposed to a case or carrier of a communicable disease during the communicable period, to prevent transmission of the disease if infection occurs..

68. “Respiratory disease” means a communicable disease with acute onset of fever and symptoms such as cough, sore throat, or shortness of breath.”

Ariz. Rev. Stat. Ann. § 23-373

“A. Earned paid sick time shall be provided to an employee by an employer for:

…3. Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease…”

Ariz. Admin. Code R7-2-1055

“A. An emergency condition creates an immediate and serious need for materials, services, or construction that cannot be met through normal procurement methods and seriously threatens the functioning of the school district, the preservation or protection of property or the public health, welfare or safety. Some examples of emergency conditions are floods, epidemics, or other natural disasters, riots, fire or equipment failures.

  1. An emergency procurement shall be limited to the materials, services, or construction necessary to satisfy the emergency need.
  2. The governing board shall designate a board member or members or school district official or officials authorized to make emergency procurements, and may prescribe limiting factors including maximum spending limits with regard to emergency procurements.
  3. The designated board member or district official shall:
  4. Select the contractor to perform the emergency work with as much competition as practicable under the circumstances;
  5. Obtain a price that is fair and reasonable under the circumstances;
  6. Prepare a written statement documenting the basis for the emergency, the basis for the selection of the particular contractor, and why the price paid was fair and reasonable. The statement shall be signed by the designated governing board member or district official authorized to initiate emergency procurements; and
  7. Convene a meeting of the governing board to approve the emergency procurement, unless the nature of the emergency requires that the procurement be made prior to governing board approval.”

Noncodified Policies and Guidance

Pandemic/Influenza for Schools

Pandemic Flu Plan Planning Guide

Pandemic Plan Resource

COVID-19 School Resources

Arkansas

Statutes and Regulations

A.C.A. § 6-10-106

“(2) The Division of Elementary and Secondary Education may grant a school district a waiver to begin school on an earlier or later date if the division determines that there exists a material and substantial reason for the school district to begin on an earlier or later date due to very exceptional or emergency circumstances such as a contagious disease outbreak, inclement weather, or other acts of God…

(f) A school district shall adopt an academic calendar that includes five (5) make-up days, in addition to the number of student-teacher interaction days required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education, for days unavoidably lost due to exceptional or emergency circumstances resulting from a contagious disease outbreak, inclement weather, or other acts of God.”

A.C.A. § 6-10-126 

“…(a) A superintendent may delay the start time or release early a school or schools in the school district due to any of the following emergency circumstances:

(2) Contagious disease outbreak;”

A.C.A. § 6-10-127

“…(a) If a superintendent closes school for a regularly scheduled school day due to exceptional or emergency circumstances such as a contagious disease outbreak, inclement weather, or other acts of God, the superintendent may make up missed school days by adding time to the beginning or ending of a regular school day for a minimum of sixty (60) minutes.

“(b)

…(1) The Commissioner of Education may grant up to the equivalent of ten (10) student attendance days for public school districts that have an alternative instruction plan approved by the commissioner for the use of alternative methods of instruction, including without limitation virtual learning, on days when the public school district is closed due to exceptional or emergency circumstances such as:

(A) A contagious disease outbreak, inclement weather, or other acts of God; or

(B) A utility outage.

(2) The public school district’s alternative instruction plan shall demonstrate how teaching and learning in the public school district will not be negatively impacted by the use of alternative methods of instruction under subdivision (b)(1) of this section.”

A.C.A. § 6-18-701

“…(a) The board of directors of a school district may appoint and provide for the payment of at least one (1) physician or nurse and assign the physician or nurse to the public schools of the district for the purpose of making physical examinations of the public school students as may be prescribed in the rules of the State Board of Education.

(b) The nature of the examination shall be only to detect contagious or infectious diseases or any defect of sight, hearing, or function or condition of health that may prevent a pupil from receiving the full benefit of school work.

(c) The physician or nurse appointed under subsection (a) of this section shall make examinations for contagious or infectious disease, including without limitation the teeth and mouth, whenever the examination may be deemed necessary and make examination for other defects at least one (1) time in each school year, preferably at or near the beginning of the year.”

Noncodified Policies and Guidance

Alternative Methods of Instruction (AMI) 2019 – 2020 Guidance Document

Alternate Method of Instruction- Powerpoint

COVID-19 Resources

COVID-19 Resources for Schools

California

Statutes and Regulations

Cal. Educ. Code § 49403

“…(a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in schoolage children. For that purpose, the board may use any funds, property, and personnel of the district, and may permit a licensed physician and surgeon, or a health care practitioner listed in subdivision”

Cal. Educ. Code § 38005

“The governing board of any school district may contract with a private licensed security agency to insure the safety of school district personnel and pupils and the security of the real and personal property of the school district when the personnel normally required to provide such service fail to do so because of an emergency including, but not limited to, war, epidemic, fire, flood, or work stoppage; or when such an emergency necessitates additional security services.”

Cal. Educ. Code § 46390

“Where a school in a district maintaining more than one school is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in Section 41422, the average daily attendance of the school shall be estimated separately, as provided in Section 46392, and added to the average daily attendance of the other schools of the district.”

Cal. Educ. Code § 41422

“…(a) A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 175 days or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 175 full-length days.”

Cal. Educ. Code § 35252

“Whenever the average daily attendance of any school district has been materially affected in any school year by conflagration, public calamity, or epidemic of unusual duration and prevalence, the regular annual reports of the teacher, the school principal, or officers of the school district, shall be accepted by all school officers for all school matters appertaining to the school district, except that of average daily attendance.”

Cal. Educ. Code § 49451

“A parent or guardian having control or charge of any child enrolled in the public schools may file annually with the principal of the school in which he is enrolled a statement in writing, signed by the parent or guardian, stating that he will not consent to a physical examination of his child. Thereupon the child shall be exempt from any physical examination, but whenever there is a good reason to believe that the child is suffering from a recognized contagious or infectious disease, he shall be sent home and shall not be permitted to return until the school authorities are satisfied that any contagious or infectious disease does not exist.”

Cal. Code Regs. tit. 5, § 3021.1

“(a) When a pupil has been medically diagnosed as having a chronic illness or acute health problem, the pupil may be referred to the school district or county office for an assessment to determine the need for special education.

(b) The following information shall be reviewed by the IEP team:

…(4) Special considerations necessitated by outbreaks of infectious diseases, if applicable.

(c) The IEP team shall designate the school’s liaison with the pupil’s primary health provider.”

Cal. Code Regs. tit. 17, § 2526

“It shall be the duty of the principal or other person in charge of any public, private or Sunday School to exclude therefrom any child or other person affected with a disease presumably communicable, until the expiration of the prescribed period of isolation for the particular communicable disease. If the attending physician, school physician, or health officer finds upon examination that the person is not suffering from a communicable disease, he may submit a certificate to this effect to the school authority who shall readmit the person.”

Cal. Code Regs. tit. 5, § 202

“A pupil while infected with any contagious or infectious disease may not remain in any public school.”

Cal. Code Regs. tit. 5, § 5503

“(a) The physical examination prescribed by the State Board pursuant to Education Code Section 44839.5 is an examination by a physician and surgeon licensed to practice in California that will enable the examining physician and surgeon to ascertain whether or not the person is free from infectious or contagious disease, including an examination for tuberculosis made in the manner described in Education Code Section 49406.

The physician’s certificate, showing that the employee was examined and that the person was found free from active tuberculosis and from any other contagious or infectious disease, shall be filed with the county superintendent of schools and a duplicate or photographic copy shall be filed with the employing school district. A notice from a public health agency or unit of the Tuberculosis Association that indicates freedom from active tuberculosis may be substituted for that part of the physicians certificate relating to tuberculosis. The examination shall have been made within six months of filing of the completed certificate with both the county superintendent of schools and employing school district.”

Noncodified Policies and Guidance

Information and resources regarding coronavirus (COVID-19) and California’s response

2019 Novel Coronavirus Guidance for Schools and School Districts

Colorado

Statutes and Regulations

Colo. Rev. Stat. § 25-1-506 

“…(3)(b)  In addition to other powers and duties, an agency shall have the following duties:

…(V)  To investigate and control the causes of epidemic or communicable diseases and conditions affecting public health;

(VI)  To establish, maintain, and enforce isolation and quarantine, and in pursuance thereof, and for this purpose only, to exercise physical control over property and over the persons of the people within the jurisdiction of the agency as the agency may find necessary for the protection of the public health;

(VII)  To close schools and public places and to prohibit gatherings of people when necessary to protect public health;”

6 Colo. Code Regs. § 1010-6:6.6.3

“…H. The Department shall have the power and duty to close a school and forbid the gathering of people therein to protect students, faculty, and patrons of the school from the cause of epidemic and communicable diseases or physical conditions, operations, or maintenance practices that pose an imminent health hazard.”

Noncodified Policies and Guidance

COVID-19 Resources for Schools

Emergency guidelines for Schools

Connecticut

Statutes and Regulations

Conn. Gen. Stat. Ann. § 10-210 

“Subject to the provisions of section 19a-216 notice of any disease or defect from which any child is found by such school medical advisor to be suffering shall be given to the parent or guardian of such child, with such advice or order relating thereto as such medical advisor deems advisable, and such parent or guardian shall cause such child to be treated by a reputable physician for such disease or defects. When any child shows symptoms of any communicable disease, notice shall also be given to the director of health or board of health and such child shall be excluded from attendance at such school and not permitted to return without a permit from the town, city or borough director of health.”

Conn. Agencies Regs. 19a-36-A8

“Schools–Isolation

(g) shall, in the event of an outbreak of a communicable disease in any public, private, parochial or church school, make a prompt and thorough investigation; control such an outbreak by individual examination of pupils, teachers and other persons associated with the outbreak; employ such other means as he deems necessary to determine the source of infection or to provide for the segregation of infected persons; in the event of an outbreak of a communicable disease in any school, require school physicians and school nurses to conform to the orders, regulations and restrictions issued by him;

Schools–Readmission

(h) shall, in the case of any school child who has been excluded from school for having been a case, contact or carrier of a communicable disease, by himself or his authorized agent, issue a permit for such child to re-enter school when in his opinion such child is no longer infectious;

Unusual disease

(i) shall, when an unusual or rare disease occurs in any part of the state or when any disease becomes so prevalent as to endanger the state as a whole, contact the state department of health for assistance, and shall cooperate with the representatives of the state department of health acting under the direction of the state commissioner of health;”

Noncodified Policies and Guidance

COVID-19 School Resources

Emergency guidelines for Schools

Delaware

Statutes and Regulations

Code Del. Regs. 101-29.0

“A licensee shall ensure a staff member with a known contagious communicable disease does not provide personal care to or have direct contact with children. A licensee shall inform DPH of a reportable communicable disease. Information regarding the communicable diseases that require reporting may be located on DPH’s website (currently listed as http://dhss.delaware.gov/dph/dpc/rptdisease.html). Attendance of staff shall be under DPH’s direction.”

Noncodified Policies and Guidance

COVID-19 Resources

District of Columbia

Statutes and Regulations

D.C. Mun. Regs. tit. 5-E, § 1023

“1023.6 The Chancellor or an appropriate designee shall ensure that all employees School System personnel are provided with information concerning communicable diseases. This information shall include instruction in measures designed to prevent the spread of communicable diseases.

1023.7 Any information or record regarding an employee with a communicable disease is confidential and access to such information is to be limited to only personnel who are legally required to be informed of the employee’s communicable disease. Disclosure of any information to individuals outside of DCPS may not to be made without the express written consent of the employee; however, suspected or confirmed cases of the following communicable diseases shall be reported within two (2) hours to the Director of the Department of Health: measles, meningococcal meningitis, mumps, pertussis, rubella, tuberculosis, hepatitis A, and other food-borne illnesses (e.g., food poisoning).”

D.C. Mun. Regs. tit. 5-B, § 2414

“2414.1 The regulations found in Title 22, Subtitle B, Chapter 2, Section 209 of the of the District of Columbia Municipal Regulations shall be the rules and procedures followed by the District of Columbia Public Schools regarding all matters concerning communicable diseases contracted by students.”

D.C. Mun. Regs. tit. 22-B, § 209

“209.1 Each school shall encourage its students to adhere to the following preventive measures designed to minimize the transmission of communicable diseases:

(a) Use tissues for coughs and sneezes, or cough and sneeze into the elbow;

(b) Wash hands with soap and water before eating and after using the toilet; and

(c) Do not share combs, brushes, hair accessories, and hats.”

D.C. Mun. Regs. tit. 5-A, § 199

“Communicable diseases — A disease identified as a communicable disease, including without limitation any illness due to an infectious agent or its toxic product, which is transmitted directly or indirectly to a well person from an infected person, animal, or ectoparasite; or any illness due to an infectious agent or its toxic product which is transmitted through the agency of an intermediate host, vector, or by exposure within the immediate environment. Communicable disease also shall mean any disease occurring as an outbreak of illness or toxic conditions, regardless of etiology in an institution or other identifiable group of people.”

Noncodified Policies and Guidance

COVID-19 Resources

Memo from Department of Health to Local Education Agencies

Florida

Statutes and Regulations

Fla. Admin. Code Ann. r. 64D-3.041

“…(c) Conduct notification services by authorized Department representatives to inform persons who may have been in such association with an infected person or animal or a contaminated environment and who have had opportunity to acquire the infection. These will include, but are not limited to: household contacts, sexual partners, correctional facilities inmates and employees, patrons, employees or owners of business establishments, preschool staff and students, school staff and students, and other individuals who may have been in an infected person’s social, business or environmental network.”

(d) Medical examination or testing of persons exposed to or at risk of the notifiable disease or condition.

(e) Obtain from public or private businesses or institutions the identities and locating information of persons, travelers, passengers or transportation crews with a similar or common potential exposure to the infectious agent as a reported case (such exposure may be current or have occurred in the past).”

Fla. Stat. Ann. § 1012.24

“In the event of an epidemic, strike, mass walkout, substantial numbers of teacher resignations, or other urgent condition, a district school board upon recommendation of the district school superintendent may find and declare that an emergency exists because there is not a sufficient number of certified teachers to continue the normal operation of the schools within the district. In said event the district school board may upon recommendation of the district school superintendent employ, contract with, and compensate for instructional services rendered any person who shall be deemed qualified by regulations of the district school board. In such event, a state certificate to teach shall not be required for such employment, contract, or compensation.”

Fla. Admin. Code Ann. r. 6A-1.09513

“…(1) Each parent of a child within the compulsory attendance age shall be responsible for such child’s school attendance as required by law. Parents will not be held responsible for their child’s nonattendance at school under the conditions specified in Section 1003.24, F.S. The term insurmountable condition as used in Section 1003.24(4), F.S., is defined as follows:

…(b) Communicable disease outbreaks such as, but not limited to, measles and chicken pox, which the state health officer or county health medical director indicates a student should be excluded from school for reasons of health and safety.”

Noncodified Policies and Guidance

COVID-19 School Resources

COVID-19 Resources

Florida Department of Education Policy on Hospital/Homebound Programs and Services

Georgia

Statutes and Regulations

Ga. Comp. R. & Regs. 160-1-3-.03

“…(2) Requirements.

(a) LEAs shall develop polices, regulations, and procedures related to the impact of infectious diseases on school system management and operations.

(b) LEAs shall annually provide employees with information, education, or training related to infectious diseases, including transmission, risk education, and standard precautions, based on CDC guidelines or recommendations.”

Ga. Comp. R. & Regs. 160-4-2-.31

“…(d) Students with absences due to a communicable disease, as specified in Rule 160-1-3-.03 COMMUNICABLE DISEASES, are eligible for HHB services for a length of time as determined by the ESP provided that they satisfy the eligibility requirements as set forth in Subsection (2)(a).”

Ga. Comp. R. & Regs. 160-4-7-.05

“Appendix (g) OTHER HEALTH IMPAIRMENT

…(2) According to State Board of Education Rule 160-1-3-.03 Communicable Diseases, the district shall allow a child infected with a communicable disease to remain in his or her educational setting unless he or she currently presents a significant risk of contagion as determined by the district after consultation with the child’s physician, a knowledgeable public health official and/or a physician designated by the LEA (at the LEA’s option).”

Noncodified Policies and Guidance

Pandemic Planning Resource

COVID-19 Resources

COVID-19 Situation Summary

Hawaii

Statutes and Regulations

Haw. Rev. Stat. Ann. § 321-1 

“…(d) When it is determined that there is imminent danger of epidemic or serious outbreak of communicable disease, the department may refuse, modify, or limit attendance at any school in the State.”

Haw. Rev. Stat. Ann. § 302A-1133 

“The department of health may implement emergency measures to refuse, modify, or limit attendance at any school in the State pursuant to section 321-1 if it is determined that there is imminent danger of an epidemic or serious outbreak of communicable disease.”

Haw. Code R. 11-156-6

“(a) When any student has a communicable disease for which isolation or restriction from school attendance is required, it shall be the responsibility of the principal or director in charge of the school to prohibit the student from attending school until the expiration of the prescribed period of isolation. If the attending practitioner, school practitioner, or public health official finds upon examination that the student is free of the disease in the communicable state, the practitioner or official may issue a signed certificate, upon which the student shall be readmitted by the school authority. Students who have been exempted from immunization or who have not completed the required immunizations shall be immunized or excluded from school during a potential outbreak as determined by the department.”

Noncodified Policies and Guidance

Memo-Coronavirus (COVID-19) Communication Related to Student
Exclusion from School

Memo- Coronavirus Disease 2019 (COVID-19) Information for Schools and Universities

Memo-COVID-19 regarding administrative leave and home monitoring, Feb. 14, 2020.

COVID_19 Resources

Idaho

Statutes and Regulations

Idaho Code Ann. § 33-512

“The board of trustees of each school district shall have the following powers and duties:

(7) To exclude from school, pupils with contagious or infectious diseases who are diagnosed or suspected as having a contagious or infectious disease or those who are not immune and have been exposed to a contagious or infectious disease; and to close school on order of the state board of health and welfare or local health authorities”

Idaho Admin. Code r. 16.02.10.090

“01. Restrictable Diseases. School reportable and restrictable diseases are those diseases that are readily transmissible among students and staff in schools as listed under Section 050 of these rules. (4-2-08)

…03. Restrictions – Attendance. Any person who is diagnosed with or reasonably suspected to have a school restrictable disease must not attend a private, parochial, charter, or public school as long as the disease is in a communicable form. (4-2-08)”

Idaho Admin. Code r. 16.02.10.020

“…04. School Administrator. A school administrator must report diseases and conditions to the Department or Health District as indicated in Section 050 of these rules. A school administrator must report the closure of any public, parochial, charter, or private school within one (1) working day when, in his opinion, such closing is related to a communicable disease. (4-2-08)”

Idaho Admin. Code r. 16.02.10.065

“…05. Closure of Schools and Places of Public Assembly. The Director may order the closing of any public, parochial, or private school, or other place of public assembly when, in his opinion, such closing is necessary to protect public health. The school or other place of public assembly must not reopen until permitted by the health official. (4-2-08)”

Noncodified Policies and Guidance

COVID-19 School Procedures and Practices

COVID-19 Resources

COVID-19 Resources for Schools

Illinois

Statutes and Regulations

105 Ill. Comp. Stat. Ann. 5/10-21.11

“To develop policies and adopt rules relating to the appropriate manner of managing children with chronic infectious diseases, not inconsistent with guidelines published by the State Board of Education and the Illinois Department of Public Health. Such policies and rules must include evaluation of students with a chronic infectious disease on an individual case-by-case basis, and may include different provisions for different age groups, classes of instruction, types of educational institution, and other reasonable classifications, as the school board may find appropriate.

This requirement applies to all school districts and public schools of this State, including special charter districts, Department of Corrections school districts, laboratory schools operated by the governing board of a public university, and alternative schools operated by a regional superintendent of schools.”

105 Ill. Comp. Stat. Ann. 5/34-18.13

“The Board of Education shall develop policies and adopt rules relating to the appropriate manner of managing children with chronic infectious diseases, not inconsistent with guidelines published by the State Board of Education and the Illinois Department of Public Health. Such policies and rules must include evaluation of students with a chronic infectious disease on an individual case-by-case basis, and may include different provisions for different age groups, classes of instruction, types of educational institution, and other reasonable classifications, as the Board may find appropriate.”

Ill. Admin. Code tit. 77, § 690.30

“…c) Schools, Child Care Facilities, and Colleges/Universities

1) Except in an emergency, the occurrence of a case of a communicable disease in a school, child care facility or college/university should not be considered a reason for closing the school, facility or college/university.

2) Persons suspected of being infected with a reportable infectious disease for which isolation is required, or persons with diarrhea or vomiting believed to be infectious in nature, shall be refused admittance to the school or child care facility while acute symptoms are present.

3) School, child care facility, and college/university authorities shall handle contacts of infectious disease cases as prescribed in this Part, or as recommended by the local health authority.

4) When outbreaks of disease occur in any child care facility, staff and attendees of the facility may be considered to be contacts to cases and may be required by the local health authority to submit specimens for testing.”

Ill. Admin. Code tit. 77, § 690.200

“(a)(1) Each of the following persons or any other person having knowledge of a known or suspect case or carrier of a reportable communicable disease or communicable disease death shall report the case, suspect case, carrier or death in humans within the time frames set forth in Section 690.100: J) Any institution, school, college/university, child care facility or camp personnel”

Noncodified Policies and Guidance

School Wellness Resources

COVID-19 FAQ for Schools

COVID_19 Press Conference

COVID-19 Resources

Indiana

Statutes and Regulations

Ind. Code Ann. § 20-34-3-9

“Sec. 9. (a) If a student is ill, has a communicable disease, or is infested with parasites, the school principal may send the student home with a note to the student’s parent. The note must describe the nature of the illness or infestation and, if appropriate, recommend that the family physician be consulted.

(b) If the parent of a student who is sent home under this section is financially unable to provide the necessary medical care, the medical care shall be provided by a public health facility. If a public health facility is not available, the township trustee or an appropriate governmental agency shall provide the necessary care.

(c) A student who is sent home under this section may be readmitted to the school:

(1) when it is apparent to school officials that the student is no longer ill, no longer has a communicable disease, or is no longer infested with parasites;

(2) upon certification of a physician that the student is no longer ill, no longer has a communicable disease, or is no longer infested with parasites;

(3) upon certification of a physician that the student has a communicable disease, but the disease is not transmissible through normal school contacts; or

(4) upon certification of a Christian Science practitioner, who is listed in The Christian Science Journal, that based on the practitioner’s observation the student apparently is no longer ill, no longer has a communicable disease, or is no longer infested with parasites.”

 Ind. Code Ann. § 16-20-1-24

“Sec. 24. (a) Local health officers may order schools and churches closed and forbid public gatherings when considered necessary to prevent and stop epidemics.

(b) An individual who takes action under this section shall comply with state laws and rules.”

Ind. Code Ann. § 16-41-9-3

“Sec. 3. (a) The local health officer may exclude from school a student who has a dangerous communicable disease that:

(1) is transmissible through normal school contacts; and

(2) poses a substantial threat to the health and safety of the school community.

(b) If the local health officer subsequently determines that a student who has been excluded from school under subsection (a) does not have a dangerous communicable disease that:

(1) is transmissible through normal school contacts; and

(2) poses a substantial threat to the health and safety of the school community; the local health officer shall issue a certificate of health to admit or readmit the student to school.

(c) A person who objects to the determination made by the local health officer under this section may appeal to the executive board of the state department, which is the ultimate authority. IC 4-21.5 applies to proceedings under this section.”

Noncodified Policies and Guidance

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Iowa

Statutes and Regulations

Iowa Admin. Code r. 641-1.9(135,139A)

“…(1)c. Upon order of the department or local board of health, an individual with a suspected or active quarantinable disease shall not attend the workplace or school and shall not be present at other public places until the individual receives the approval of the department or a local board of health to engage in such activity. Upon order of the department or local board of health, employers, schools and other public places shall exclude an individual with a suspected or active quarantinable disease. An individual may also be excluded from other premises or facilities if the department or a local board of health determines the premises or facilities cannot be maintained in a manner adequate to protect others against the spread of the disease.”

Noncodified Policies and Guidance

COVID-19 School Resources

COVID-19 Guidance: K-12 School Administrators

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COVID-19 Webinar for Schools

Kansas

Statutes and Regulations

Kan. Stat. Ann. § 65-122

“No person afflicted with an infectious or contagious disease dangerous to the public health shall be admitted into any public, parochial or private school or licensed child care facility.

It shall be the duty of the parent or guardian, and the principal or other person in charge of any public, parochial, private school or licensed child care facility to exclude therefrom any child or other person affected with a disease suspected of being infectious or contagious until the expiration of the prescribed period of isolation or quarantine for the particular infectious or contagious disease.

If the attending person licensed to practice medicine and surgery or local health officer finds upon examination that the person affected with a disease, suspected of being infectious or contagious is not suffering from an infectious or contagious disease, he or she may submit a certificate to this effect to the person in charge of the public, parochial, private school or licensed child care facility and such person shall be readmitted to school or to the child care facility.”

Kan. Stat. Ann. § 72-3117

“(a) The state board of education may waive the requirements of law relating to the duration of the school term in any school year upon application for such waiver by a school district. The waiver may be granted by the state board of education upon: (1) Certification by a board of education that, due to disaster, conditions resulting from widespread or severe property damage caused by the disaster will exist in the school district for an inordinate period of time; and (2) a determination by the state board that the school district cannot reasonably adjust its schedule to comply with such requirements of law. The period of time school is not maintained during any school year due to conditions resulting from disaster, upon granting of the waiver by the state board of education, shall be considered a part of the school term.

(b) As used in this section, the term “disaster” means the occurrence of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, tornado, wind, storm, epidemics, air contamination, blight, drought, infestation, or explosion.”

Kan. Admin. Regs. 28-1-2

“(b) Each person licensed to practice the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, licensed dentist, licensed professional nurse, licensed practical nurse, administrator of a hospital, licensed adult care home administrator, licensed physician assistant, licensed social worker, and teacher or school administrator shall report each occurrence of any of the following to the secretary within four hours:

(1) Clusters, outbreaks, or epidemics;

(2) possible terrorist acts due to biological, chemical, or radiological agents;

(3) unexplained death suspected to be due to an unidentified infectious agent; or

(4) any unusual disease or manifestation of illness.”

Kan. Stat. Ann. § 65-202

“Such officer shall upon the opening of the fall term of school, make or have made a sanitary inspection of each school building and grounds, and shall make or have made such additional inspections thereof as are necessary to protect the public health of the students of the school.

Such officer shall make or have made an investigation of each case of smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis and such other acute infectious, contagious or communicable diseases as may be required, and shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease, and shall perform such other duties as this act, his or her county or joint board, or the secretary of health and environment may require.”

Kan. Stat. Ann. § 65-118

“(a) Whenever any person licensed to practice the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, licensed dentist, licensed professional nurse, licensed practical nurse[,] administrator of a hospital, licensed adult care home-administrator, licensed physician assistant, licensed social worker, teacher or school administrator knows or has information indicating that a person is suffering from or has died from a reportable infectious or contagious disease as defined in rules and regulations, such knowledge or information shall be reported immediately to the county or joint board of health or the local health officer, together with the name and address of the person who has or is suspected of having the infectious or contagious disease, or the name and former address of the deceased individual who had or was suspected of having such a disease. […]”

Noncodified Policies and Guidance

Memo-Interim Guidance for K-12 Schools and Pre-K Programs
Operated by Schools

Guidance for Student Foreign Travel Kansas High Schools

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Kentucky

Statutes and Regulations

Ky. Rev. Stat. Ann. § 158.160

“(2) If any student is known or suspected to have or be infected with a communicable disease or condition for which a reasonable probability for transmission exists in a school setting, the superintendent of the district may order the student excluded from school. The time period the student is excluded from school shall be in accordance with generally accepted medical standards which the superintendent shall obtain from consultation with the student’s physician or the local health officer for the county in which the school district is located. During the presence in any district of dangerous epidemics, the board of education of the school district may order the school closed.”

Noncodified Policies and Guidance

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Louisiana

Statutes and Regulations

28 La. Admin. Code Pt CXV, 1103

“Exceptions to the attendance regulation shall be the enumerated extenuating circumstances below that are verified by the supervisor of child welfare and attendance or the school principal/designee where indicated. These exempted absences do not apply in determining whether a student meets the minimum minutes of instruction required to receive credit:

  1. extended personal physical or emotional illness as verified by a physician or nurse practitioner licensed in the state;
  2. extended hospital stay in which a student is absent as verified by a physician or dentist;
  3. extended recuperation from an accident in which a student is absent as verified by a physician, dentist, or nurse practitioner licensed in the state;
  4. extended contagious disease within a family in which a student is absent as verified by a physician or dentist licensed in the state; or
  5. quarantine due to prolonged exposure to or direct contact with a person diagnosed with a contagious, deadly disease, as ordered by state or local health officials”

28 La. Admin. Code Pt CXV, 337

“A. Each LEA shall have written policies governing all school activities as they relate to students, the instructional program, staff, buildings, services, and the curriculum.

B. Each LEA shall have policies and procedures that address, but are not limited to, the following:

5. the exclusion of students with communicable diseases and their readmittance following their recovery (refer to Bulletin 135–Health and Safety, § 309)”

28 La. Admin. Code Pt CLVII, 309

“C. The local superintendent or chief charter school officer may exclude a student or staff member for not more than five days, or the amount of time required by state or local public health officials, from school or employment when reliable evidence or information from a public health officer or physician confirms him/her of having a communicable disease or infestation 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 may be excluded unless state or local public health officers determine the condition is no longer considered contagious…

H. A local superintendent may only exclude a student or employee from a school or employment setting when reliable evidence or information from a public health officer or physician confirms that a student/staff member is known to have a communicable disease or infection that is known not to be spread by casual contact if a review panel is held to ensure due process…

I. Due Process Procedures

1. The Review Panel
a. Communicable diseases that are known not to be spread by casual contact (e.g., AIDS, Hepatitis B and other like diseases) will be addressed on a case-by-case basis by a review panel.

3. The Review Panel Process

a. The review panel shall meet within 24-48 hours to review the case. The following aspects should be considered in that review:

  1. the circumstances in which the disease is contagious to others;
  2. any infections or illnesses the student/staff member could have as a result of the disease that would be contagious through casual contact in the school situation”

Noncodified Policies and Guidance

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Maine

Statutes and Regulations

Me. Rev. Stat. tit. 20-A, § 6301

“1. Duty of teacher. A teacher who has reason to believe that a student is a public health threat as a result of having a communicable disease of the skin, mouth or eyes shall inform the superintendent…2. Duty of superintendent. A superintendent informed by a teacher under subsection 1 may:

A. Inform the student’s parent:

(1) To cleanse the clothing and body of the student; and

(2) To furnish the student with the required home or medical treatment for the relief of the student’s trouble so defined in subsection 1;

B. Exclude the student from the public schools until the student is no longer a public health threat;

C. Exclude the student from public school as soon as safe and proper transportation home is available; and

D. Consult with the school nurse…5-A. Notification. The superintendent shall cause notice of the communicable disease to be given to the Department of Health and Human Services, in accordance with the requirements of Title 22, chapters 2501 and 251,2 and rules issued under those chapters.”

Me. Rev. Stat. tit. 22, § 824

“Any person who receives information pursuant to this chapter shall treat as confidential the names of individuals having or suspected of having a notifiable disease or condition, as well as any other information that may identify those individuals. This information may be released to the department for adult or child protection purposes in accordance with chapters 958-A and 1071,1 or to other public health officials, agents or agencies or to officials of a school where a child is enrolled, for public health purposes, but that release of information must be made in accordance with Title 5, chapter 501,2 where applicable. In the event of an actual or threatened epidemic or outbreak or public health threat or emergency, as declared by the Director of the Bureau of Health, the information may also be released to private health care providers and health and human services agencies for the purpose of carrying out public health functions as authorized by this chapter. Information not reasonably required for the purposes of this section may not be released. All information submitted pursuant to this chapter that does not name or otherwise identify individuals having or suspected of having a notifiable disease or condition may be made available to the public at the sole discretion of the department.”

Me. Rev. Stat. tit. 20-A, § 6402-A 

“Each school board shall appoint one or more physicians or family or pediatric nurse practitioners to act as school health advisor…A. Examine and diagnose students referred by teachers and other school employees to protect against the outbreak of contagious diseases in the schools”

Me. Rev. Stat. tit. 20-A, § 1001

“11-A. Exposure to communicable disease.  They shall adopt a policy for enforcement by the superintendent to safeguard the health of any student or employee who has contracted or been exposed to a communicable disease, in accordance with sections 6301, 6351-A and 6551, and Title 22, chapter 251.”

Me. Rev. Stat. tit. 20-A, § 6356

“1. Public health official action. When a public health official has reason to believe that the continued presence in a school of a child who has not been immunized against one or more diseases presents a clear danger to the health of others, the public health official shall notify the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the superintendent of the school. The superintendent shall cause the child to be excluded from school during the period of danger or until the child receives the necessary immunizing agent.”

Code Me. R. tit. 05-071 Ch. 126,, § 6

“B. Exclusion by Order of Superintendent

A superintendent shall also exclude from schools and school activities any child on account of filth or communicable disease, in accordance with 20-A M.R.S. §6301. The superintendent shall also exclude from public school any child or employee who has contracted or has been exposed to a communicable disease as directed by a public health official, or as recommended by a school physician.

  1. Requirement for Educational Arrangements

For any child so excluded from school for more than ten days, the superintendent must make arrangements to meet his educational needs.

This section does not require the provision of off-site classes or tutoring. Instead, the child’s educational needs may be met by making arrangements for the delivery of school assignments, correction of papers, and similar activities which can be accomplished at home. Any child who is unable to take examinations during this period shall be afforded the opportunity to make up the examinations, similar to arrangements made for children who have other excused absences.”

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Maryland

Statutes and Regulations

Md. Code Regs. 10.06.01.04

“(2) A teacher at any public, private, or parochial school or a child care provider at any child care facility shall report an occurrence of a reportable disease or condition, an outbreak, or an unusual manifestation as set forth in Regulation .03 of this chapter to the principal, school nurse, or superintendent or assistant superintendent or designee, who shall transmit to the health officer a report of the name and address of a child who appears to have a reportable communicable disease or who has been exposed to a reportable communicable disease.”

Md. Code Regs. 13A.05.05.06

“B. Terms Defined.

(1) “Communicable disease control” means the prevention, investigation, limitation, and eradication of diseases caused by infectious agents and usually spread from person to person.”

Md. Code Regs. 13A.05.05.07

“E. Communicable Diseases.

(1) A school shall comply with the Maryland Department of Health’s immunization requirements in accordance with COMAR 10.06.04.

(2) The principal or the principal’s designee shall notify the local health department of all suspected or diagnosed cases of reportable communicable diseases in compliance with Health-General Article, Title 18, Annotated Code of Maryland. The local health department shall assist the local board of education in implementing a plan for preventing the spread of the reported disease.

(3) The local health department and the local board of education, following State guidelines, shall jointly develop written policies and procedures for dealing locally with outbreaks of nonreportable communicable diseases such as scabies, pediculosis, and athlete’s foot.”

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Massachusetts

Statutes and Regulations

105 Mass. Code Regs. 200.200

“(D) The services of the school physician shall be coordinated in the total school health program. She/he shall take reasonable measures for the control of communicable disease and give assistance in the formulation of the health education program.

(E) The school physician shall examine a student at any time to determine the presence or absence of communicable or contagious diseases.”

Mass. Gen. Laws Ann. ch. 71, § 55

“A child infected, or in a household where a person is infected, with a disease dangerous to the public health as defined in accordance with section six of chapter one hundred and eleven, or in a household exposed to contagion from any such disease in another household, shall not attend any public school while he is so infected or remains in a household where such infection or exposure exists if the regulations of the board of health require such exclusion. A child returning to school after having been absent on account of such infection or exposure shall present a certificate from the board of health or its duly appointed agent that the danger of conveying such disease by such child has passed; provided, that if such a child returns to school without such a certificate, after having been absent on account of such infection or exposure, he shall immediately be referred to a school physician for examination and, if it is found by such physician upon such examination that such danger has passed, he may remain at school.”

603 Mass. Code Regs. 18.05

“(g) The school shall describe in writing a plan for the preventive health care of students:

  1. The school, in cooperation with the student’s parents and/or human service agency which is responsible for payment, shall make provision for each student to receive an annual comprehensive medical and dental examination. The school shall require a written report from the physician(s) of the results of the examination and any recommendation and/or modification of the student’s activity.
  2. The school shall, in cooperation with the student’s public school, develop a plan to ensure that vision, hearing, postural and other required screenings are conducted in accordance with M.G.L. c. 71, § 57.
  3. The school shall have a policy and procedure for assuring that a student or staff member who has a reported communicable disease shall be authorized by a physician to continue to be present within the school and for notifying all parents and referring agencies of the introduction of a reported communicable disease into the school. The local board of health must be notified in accordance with M.G.L.c. 111, § 111.”

Noncodified Policies and Guidance

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Michigan

Statutes and Regulations

Mich. Admin. Code R 325.175

“(2) When a school official reasonably suspects that a student has a communicable disease except for AIDS, HIV infection, and noncommunicable diseases, the official may exclude the student for a period sufficient to obtain a determination by a physician or local health officer as to the presence of a communicable disease.

(3) The local health officer may initiate the exclusion from school or group programs of a student or individual who has a communicable disease. A student or individual may be returned to school or a group program when a physician or local health officer indicates that the excluded individual does not represent a risk to other individuals.”

Mich. Comp. Laws Ann. § 408.964

“Sec. 4. (1) An employer shall allow an eligible employee to use paid medical leave accrued under section 31 for any of the following: (d) For closure of the eligible employee’s primary workplace by order of a public official due to a public health emergency; for an eligible employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency; or if it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee’s or eligible employee’s family member’s presence in the community would jeopardize the health of others because of the eligible employee’s or family member’s exposure to a communicable disease, whether or not the eligible employee or family member has actually contracted the communicable disease.”

Mich. Comp. Laws Ann. § 388.1701

“(4) Except as otherwise provided in this subsection, the first 6 days or the equivalent number of hours for which pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, are counted as hours and days of pupil instruction. For 2018-2019 only, in addition to these 6 days, if pupil instruction is not provided on 1 or more days that are included in a period for which the governor has issued an executive order declaring a state of emergency across this state, upon request by a district to the superintendent of public instruction, in a form and manner prescribed by the department, that 1 or more of those days and the equivalent number of hours count as days and hours of pupil instruction, the department shall count those requested days and the equivalent number of hours as days and hours of pupil instruction for the purposes of this section. For 2018-2019, the days included in the executive order are January 29, 2019 to February 2, 2019. With the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction for a fiscal year not more than 3 additional days or the equivalent number of additional hours for which pupil instruction is not provided in a district due to unusual and extenuating occurrences resulting from conditions not within the control of school authorities such as those conditions described in this subsection. Subsequent such hours or days are not counted as hours or days of pupil instruction.”

Mich. Admin. Code R 400.8101

“(n) “Communicable disease” means an infectious disease that is transmissible from person to person by direct contact with an infected individual or the individual’s discharges, or by indirect means through a vector. Communicable disease includes, but is not limited to, all of the following:

(i) Chicken pox.

(ii) Hand, foot and mouth disease.

(iii) Influenza.

(iv) Measles.

(v) Mumps.

(vi) Pertussis, which is also referred to as whooping cough.

(vii) Rubella.

(viii) Tuberculosis.”

Mich. Admin. Code R 325.173

“(9) A primary or secondary school, child day care center, or camp shall report, within 24 hours of suspecting, both of the following to the appropriate local health department:

(a) The occurrence among those in attendance of any of the serious communicable diseases listed and maintained by the department as required in MCL 333.5111(1), except for human immunodeficiency virus and acquired immunodeficiency syndrome which are governed by MCL 333.5131.

(b) The unusual occurrence, outbreak, or epidemic of any disease, infection, or condition among those in attendance.

(10) A report shall be directed to the appropriate local health department. A report may be written, oral, or transmitted by electronic media. A report shall be transmitted in a manner prescribed or approved by the appropriate local health department.”

Noncodified Policies and Guidance

Memo- COVID-19 Guidance for Schools

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Minnesota

Statutes and Regulations

Minn. R. 4665.9900

“When no physician is in attendance, it shall be the duty of the head of the household, or other person in charge of any institution, school, hotel, boarding house, camp, dairy farm, or pasteurization plant, or any other person having knowledge of any individual believed to have or suspected of having any disease, presumably communicable, to report immediately the name and address of any such person to the authorized agent. Until official action on such has been taken, strict isolation shall be maintained.”

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Mississippi

Statutes and Regulations

Miss. Code. Ann. § 37-13-65

“Upon application from the school board, the superintendent of schools may close any school because of an epidemic prevailing in the school district or because of the death, resignation, sickness or dismissal of a teacher or teachers or because of any other emergency necessitating the closing of the school. However, all such schools so closed shall operate for the required full time after being reopened during the scholastic year, unless the school board of the local school district submits a plan to alter the school term that is approved by the State Board of Education under the authority of Section 37-13-63(2).”

Miss. Code. Ann. § 37-151-103

“(3) In the event of an inordinately large number of absentees in any school district or charter school as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district or charter school.”

27 Code Miss. R. Pt. 120, R. 3.3

“Reporting to Work When Not Ill

An influenza pandemic could result in a significant level of absenteeism. State employees may be unable to work if they become ill due to the virus while others may need to remain home to care for ill family members or simply to provide care for children during school closings. During this time, unless otherwise notified, attendance and leave policies will remain in place. Individuals who believe they may face particular challenges reporting to work during a severe influenza pandemic should take steps to develop any necessary contingency plans.”

7 Code Miss. R. Pt. 3, R. 48.7

To determine “inordinately large” as that term is used in 37-151-103(3) a school district must notify the State Superintendent of Education in writing by December 1 of the current school year of a decrease in attendance and the reason for the decrease in attendance. If the State Superintendent determines that the reason for the decrease in attendance is a result of epidemic, natural disaster, or any concerted activity discouraging school attendance then the following process will be used to determine if there is “an inordinately large number of absentees”

Noncodified Policies and Guidance

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Missouri

Statutes and Regulations

Mo. Code Regs. Ann. tit. 19, § 20-20.050

“PURPOSE: This rule provides for the isolation or quarantine of persons and animals with a communicable disease and their contacts; it also authorizes the closing of schools and places of public and private assembly…

(2) No person or animal infected with or suspected of having a communicable disease listed in 19 CSR 20-20.020(1)-(3) or any contact of a disease subject to quarantine or isolation shall move or be moved from one (1) health jurisdiction to another, unless necessary for medical care, without notice to and consent from the local health authority, the director of the Department of Health and Senior Services or the director’s designated representative. If a person is moved for the reason of medical care, the health authority who ordered the isolation or quarantine shall be notified within seventy-two (72) hours.

(3) The local health authority, the director of the Department of Health and Senior Services or the director’s designated representative is empowered to close any public or private school or other place of public or private assembly when, in the opinion of the local health authority, the director of the Department of Health and Senior Services or the director’s designated representative, the closing is necessary to protect the public health. However, in a statewide pandemic, only the director of the Department of Health and Senior Services or the director’s designated representative shall have the authority to close a public or private school or other place of public or private assembly. The director or designated representative shall consult with the local health authorities prior to any such closing. Any school or other place of public or private assembly that is ordered closed shall not reopen until permitted by whomever ordered the closure.”

Mo. Code Regs. Ann. tit. 19, § 20-20.030

“(1) Persons suffering from a reportable disease or who are liable to transmit a reportable disease listed in 19 CSR 20-20.020(1)-(3) shall be barred from attending school.

(2) Any person excluded from school under section (1) of this rule may be readmitted to school by one (1) of the following methods:

(A) Certification in writing by an attending physician attesting to the person’s noninfectiousness;”

Mo. Ann. Stat. § 163.021

“(4) Computes average daily attendance as defined in subdivision (2) of section 163.011 as modified by section 171.031. Whenever there has existed within the district an infectious disease, contagion, epidemic, plague or similar condition whereby the school attendance is substantially reduced for an extended period in any school year, the apportionment of school funds and all other distribution of school moneys shall be made on the basis of the school year next preceding the year in which such condition existed.”

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Montana

Statutes and Regulations

ARM 37.111.825

(3) If a student or a staff member develops symptoms of any reportable communicable or infectious illness as defined by ARM 37.114.203 while at school, the responsible school officials shall do the following:

(a) isolate the student or staff member immediately from other children;

(b) if the individual is a student, inform the parent or guardian as soon as possible about the illness and request him or her to pick up the student; and

(c) consult with a physician, other qualified medical professional, or the local county health department to determine if the case should be reported to the local health officer pursuant to 37-2-301, MCA.

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Nebraska

Statutes and Regulations

173 Neb. Admin. Code Ch. 1, 1-007

“1-007.04 Responsibilities of Schools: School nurses or those acting in the capacity of a school nurse must, in accordance with state and federal statutes:

  1. Notify the local public health department or the DHHS Division of Public Health of cases or suspected cases of reportable diseases as indicated in 173 NAC 1-004.01 and 1-004.02, or outbreaks and suspected outbreaks of diseases as indicated in 173 NAC 1-004.01B affecting students and/or other school-affiliated personnel and which present a reasonable threat to the safety or health of a student and/or other school-affiliated personnel; and
  2. Cooperate with public health authorities in obtaining information needed to facilitate the investigation of cases and suspected cases, or outbreaks and suspected outbreaks of diseases affecting students and/or other school-affiliated personnel.

All information disclosed to a public health authority is confidential and not to be released to outside parties as stipulated by Neb. Rev. Stat. § 71-503.01.”

173 Neb. Admin. Code Ch. 3, 003

“Children showing any signs or symptoms of a contagious or infectious disease are required by law to be sent to their homes immediately, or as soon as safe and proper conveyance can be found.

Teachers are encouraged to observe each child carefully for signs of illness each time the child returns to school. This is particularly important when epidemic diseases are known to be present in the community.

The presence of one or more of the following signs or symptoms should make the teacher suspect a communicable disease:

Fever, flushed face, headache, aches in muscles or joints, unexplained tiredness or listlessness, loss of appetite, stomach ache, nausea or vomiting, diarrhea, convulsions, sore throat, nasal congestion or discharge, unexplained skin eruption, sore or inflamed eyes.”

173 Neb. Admin. Code Ch. 3, 004

“3-004.01 Suspected Contagious or Infectious Disease: When a child is sent home because of a suspected contagious or infectious disease, the law requires the proper school authority, school board, or board of education to be notified without delay.

3-004.02 Suspected Reportable Disease: When a school nurse or an individual acting in the capacity of a school nurse identifies a case or suspected case of a reportable disease, s/he must report that case to the local public health department or the DHHS Division of Public Health as provided in 173 NAC 1-007.04.”

173 Neb. Admin. Code Ch. 3, 005

“Children excluded for a confirmed communicable disease should not be allowed to return to school until the minimum isolation period has elapsed, and all signs or symptoms of acute illness have disappeared. The period of exclusion should extend throughout the period when acute signs of illness are present, or until the student is fever-free for 24 hours without the use of fever-reducing medication.

Minimum isolation periods are shown in the table on Attachment 1, Contagious and Infectious Disease/Condition Chart, which is attached to 173 NAC 3 and incorporated by this reference. School boards and boards of education may observe these periods, or adopt and enforce their own exclusion regulations which may not be shorter or less restrictive than those contained in 173 NAC 3.”

Neb. Rev. Stat. Ann. § 79-8,106

“In case of epidemic sickness prevailing to such an extent that the school or schools in any school district shall be closed, teachers shall be paid their usual salaries in full for such time as the school or schools shall be closed.”

Neb. Rev. Stat. Ann. § 79-213

“…At the discretion of the State Board of Education, the closing of a school shall not prevent a district from being accredited or receiving its proper share of state funds when epidemic sickness or severe storm conditions prevail to such an extent that the school board in any district deems it advisable to close any or all schools within the district or when the destruction of the schoolhouse makes it impossible to continue the school. Such sickness, storm conditions, or destruction of the schoolhouse shall be sworn to by the secretary of the school board and the oath filed with the State Board of Education if the school board of the school”

92 Neb. Admin. Code Ch. 10, 003

“003.06 School Year. Each school system shall provide at least the following instruction annually between July 1 and June 30 for the grades it offers:[…], school systems unable to meet the minimums for instructional hours due to epidemic sickness, severe storm conditions, or destruction of the school house may request permission from the Board to offer fewer than the minimum hours by submitting an affidavit sworn to by the secretary of the school board and explaining the circumstances resulting in the request.”

Neb. Rev. Stat. Ann. § 71-507

“(8) Infectious disease or condition means hepatitis B, hepatitis C, meningococcal meningitis, active pulmonary tuberculosis, human immunodeficiency virus, diphtheria, plague, hemorrhagic fevers, rabies, and such other diseases as the department may by rule and regulation specify”

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Nevada

Statutes and Regulations

Nev. Rev. Stat. Ann. § 392.430

“1. Except as otherwise provided in subsection 2, the board of trustees of a school district may:

(a) Adopt and enforce regulations that are necessary for sanitation in the public schools and for the prevention of the spread of contagious and infectious diseases therein.

(b) Spend money available in the school district to enforce the regulations among indigent children.”

Nev. Rev. Stat. Ann. § 441A.120

“1. The Board shall adopt regulations governing the control of communicable diseases in this State, including regulations specifically relating to the control of such diseases in educational, medical and correctional institutions. The regulations must specify:

(a) The diseases which are known to be communicable.

(b) The communicable diseases which are known to be sexually transmitted.

(c) The procedures for investigating and reporting cases or suspected cases of communicable diseases, including the time within which these actions must be taken.

(d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons who have been exposed to or have or are suspected of having the disease.

(e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.”

Nev. Rev. Stat. Ann. § 441A.190

“1. Except as otherwise provided in this subsection, a health authority who knows of the presence of a communicable disease within a school, child care facility, medical facility or correctional facility shall notify the principal, director or other person in charge of the school, child care facility, medical facility or correctional facility of that fact and direct what action, if any, must be taken to prevent the spread of the disease. A health authority who knows of the presence of the human immunodeficiency virus within a school shall notify the superintendent of the school district of that fact and direct what action, if any, must be taken to prevent the spread of the virus.

2. Except as otherwise provided in this subsection, the principal, director or other person in charge of a school, child care facility, medical facility or correctional facility who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the Board. If a principal of a school knows of the presence of the human immunodeficiency virus within the school, the principal shall notify the superintendent of the school district of that fact. A superintendent of a school district who is notified of or knows of the presence of the human immunodeficiency virus within a school in the school district shall notify the health authority of that fact. The health authority shall investigate a report received pursuant to this subsection to determine whether a communicable disease or the human immunodeficiency virus is present and direct what action, if any, must be taken to prevent the spread of the disease or virus.

3. A parent, guardian or person having custody of a child who has a communicable disease shall not knowingly permit the child to attend school or a child care facility if the Board, by regulation, has determined that the disease requires exclusion from school or a child care facility.”

Nev. Rev. Stat. Ann. § 391.180

“(a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.

(b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.”

Nev. Admin. Code 284.589

“(d) Closure, as a result of a pandemic, of a school or a center or facility that provides day care services which is attended by the employee’s dependent child or the temporary cancellation, as a result of a pandemic, of a program attended by the employee’s dependent child. An appointing authority may designate certain employees as essential and notify them that they are required to report to work.”

Nev. Admin. Code 441A.245

“1. The principal, director or other person in charge of a school, child care facility or correctional facility who knows of or suspects the presence of a communicable disease within the school, child care facility or correctional facility shall report the communicable disease to the health authority having jurisdiction where the school, child care facility or correctional facility is located. Except as otherwise provided in this section, the report must be made in the manner provided in NAC 441A.225.

2. The report must include:

(a) The communicable disease or suspected communicable disease.

3. The principal, director or other person in charge of a school, child care facility or correctional facility shall promptly cooperate with the health authority during:

(a) An investigation of the circumstances or cause of a case, suspected case, outbreak or suspected outbreak.

(b) The carrying out of measures for the prevention, suppression and control of a communicable disease, including, without limitation, procedures of exclusion, isolation and quarantine.

4. If a communicable disease is identified in a child attending a school or child care facility:

(a) The principal, director or other person in charge of the school or child care facility shall report the communicable disease to the health authority on the same day on which the disease is identified.

(b) The health authority shall begin the investigation of the report of the communicable disease immediately upon receipt of the report.”

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New Hampshire

Statutes and Regulations

No statutes or regulations identified.

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New Jersey

Statutes and Regulations

N.J. Stat. Ann. § 18A:40-10

“No teacher or pupil who is a member of a household in which a person is ill with smallpox, diphtheria, scarlet fever, whooping cough, yellow fever, typhus fever, cholera, measles, or such other contagious or infectious disease as may be designated by the board of education, or of a household exposed to contagion as aforesaid, shall attend any public school during such illness, nor until the board of education has been furnished with a certificate from the board of health, or from the physician attending such person, or from a medical inspector, certifying that all danger of communicating the disease by the teacher or pupil has passed.”

N.J. Stat. Ann. § 26:4-5

“Each local board may declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public or private schools within the jurisdiction of the board.

No public school shall be closed except by the direction of the body having the control or direction of such school. Any such body may cause any school under its control to be closed, if, in its judgment, such closing is necessary because of the injurious or hazardous nature of an epidemic or cause of ill health.”

N.J. Stat. Ann. § 18A:40-12

“Whenever the board of health of any municipality shall declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public schools in the municipality, the board shall immediately serve notice on the board of education of the school district situated in the municipality that it is desirable to close the school or schools. Upon receipt of the notice the board of education may close the schools under its control, or such of them as may be designated by the board of health. The schools so closed shall not be reopened until the board of education is satisfied that all danger from the epidemic or cause of ill health has been removed.”

N.J. Stat. Ann. § 26:4-6

“Any body having control of a school may, on account of the prevalence of any communicable disease, or to prevent the spread of communicable diseases, prohibit the attendance of any teacher or pupil of any school under their control and specify the time during which the teacher or scholar shall remain away from school.”

N.J. Stat. Ann. § 34:11D-3

“a. An employer shall permit an employee to use the earned sick leave accrued pursuant to this act for any of the following:

(4) time during which the employee is not able to work because of a closure of the employee’s workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergency, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others”

N.J. Admin. Code § 8:57-1.1

“(b) This subchapter establishes requirements for:

  1. Reporting of communicable diseases by physicians, physician assistants, advanced practice nurses, health officers, veterinarians, certified animal control officers, managers of animal facilities, and administrators of health care facilities, correctional facilities, youth camps, child care centers, preschools, schools and institutions of higher education;
  2. Reporting of laboratory tests indicative of communicable diseases by clinical laboratory directors; and
  3. Specimen submission of isolates of communicable disease organisms by clinical laboratory directors.

(c) This subchapter also covers investigation requirements and regulatory actions to be taken by the local health officer or the Department when notified of a communicable disease, isolation and quarantine restrictions, medical examination and specimen submission requirements that may be placed upon a person ill with a communicable disease, restrictions that may be placed upon a foodhandler ill or infected with a communicable disease, and requirements for confidentiality and enforcement.”

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New Mexico

Statutes and Regulations

N.M. Admin. Code 6.10.5.8

“F. The secretary may, on a case by case basis, waive the minimum length or number of school days where such minimums would create undue hardships provided that the school year is adjusted to ensure that students in the requesting school district or charter school receive the same total instructional time as students in the same grade elsewhere in the state. A hardship shall include but not be limited to:

(1) severe and prolonged acts of nature that render travel dangerous or impractical;

(2) natural disasters that affect a community after which rescue, repair and grieving are critical to the community’s recovery;

(3) community or statewide health emergencies as where warnings about pandemics or epidemics have been issued by the department of health or the department”

N.M. Admin. Code 7.4.3.9

“A. Responsibility for protection of public health: The department of health may take such measures as are deemed necessary and proper for the protection of the public health.

D. Case incidence in schools or health facilities: Where any case of communicable disease occurs or is likely to occur in a public, private, or parochial school, child care facility, or in a health care facility, the department of health may require the school or facility to:

(1) exclude infected persons and non-immune persons, whether students, patients, employees or other persons;

(2) close and discontinue operations if there is likelihood of an epidemic.”

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New York

Statutes and Regulations

N.Y. Educ. Law § 906

“1. Whenever, upon investigation and evaluation by the director of school health services or other health professionals acting upon direction or referral of such director for care and treatment, a student in the public schools shows symptoms of any communicable or infectious disease reportable under the public health law that imposes a significant risk of infection of others in the school, he or she shall be excluded from the school and sent home immediately, in a safe and proper conveyance. The director of school health services shall immediately notify a local public health agency of any disease reportable under the public health law.

2. Following absence on account of illness or from unknown cause, the director of school health services may examine each student returning to a school without a certificate from a local public health officer, a duly licensed physician, physician assistant, or nurse practitioner.

3. The director of school health services, or other health professionals acting upon direction or referral of such director, may make such evaluations of teachers and any other school employees, school buildings and premises as, in their discretion, they may deem necessary to protect the health of the students and staff.”

N.Y. Comp. Codes R. & Regs. tit. 8, § 175.4

“(1) Epidemic shall mean health-related conditions which adversely affect the attendance of pupils enrolled in the schools of a district, the duration of which shall be determined by the school physician or the health officer for the locality in which such school district is located, provided that, on one or more successive school days during such period, such conditions cause a decrease in the actual pupil attendance of eight percent or more below the ratio of actual attendance to possible attendance for the corresponding day or days in any one of the prior three school years.

[…]

(b) A school district may exclude from its average daily attendance, student attendance for those days during the existence of an epidemic, manmade or natural disaster, or act of terrorism upon the approval by the commissioner of an application by the district to exclude such days. An application for such purpose shall contain the following:

(1) the day or days for which exclusion is sought;

(2) the actual attendance on such day or days;

(3) the actual attendance on a corresponding date in any of the prior three school years;

(4) a written statement by the school physician or public health officer of the locality in which the school district is located as to the existence of an epidemic within such school district, and the beginning and ending dates of such epidemic; and

(5) such other information as the commissioner may require.

(c) If attendance data on all three of the corresponding dates of the prior three school years are not available, the commissioner may approve the use of any similar data from any of such school years in order to compare attendance.”

N.Y. Comp. Codes R. & Regs. tit. 10, § 2.12

“When no physician is in attendance, it shall be the duty of the head of a private household or the person in charge of any institution, school, hotel, boarding house, camp or vessel or any public health nurse or any other person having knowledge of an individual affected with any disease presumably communicable, to report immediately the name and address of such person to the city, county or district health officer.”

N.Y. Comp. Codes R. & Regs. tit. 8, § 155.17

“(a) Development of school safety plans.

Every board of education of a school district, every board of cooperative educational services and county vocational education and extension board and the chancellor of the City School District of the City of New York shall adopt by July 1, 2001, and shall update by July 1st for the 2002-2003 through the 2015-2016 school years and shall update and adopt by September 1st for the 2016-2017 school year and each subsequent September 1st thereafter, a comprehensive district-wide school safety plan and building-level emergency response plans regarding crisis intervention and emergency response and management, provided that in the City School District of the City of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level emergency response team, as such terms are defined in subdivision (b) of this section, and shall be in a form developed by the commissioner in consultation with the Division of Criminal Justice Services, the superintendent of the State Police and any other appropriate State agencies. Each district-wide school safety plan and building-level emergency response plan shall be reviewed by the appropriate school safety team on at least an annual basis, and updated as needed.

…(3) Disaster means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade causes, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, war or civil disturbance.”

N.Y. Comp. Codes R. & Regs. tit. 8, § 136.3

“(h) Exclusion from school of student with communicable disease. Whenever, upon investigation and evaluation by the director of school health services, or the school nurse, nurse practitioner, or physician assistant acting upon direction or referral of such director for assessment, care and treatment, a student in the public schools shows symptoms of any communicable or infectious disease reportable under the Public Health Law that imposes a significant risk of infection of others in the school, he or she shall be excluded from the school and sent home immediately, in a safe and proper conveyance. The director of school health services may examine any student returning to school following an absence due to illness or unknown cause, who is without a certificate from a local public health officer, a duly licensed physician, physician assistant or a nurse practitioner, to determine that such student does not pose a threat to the school community.”

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North Carolina

Statutes and Regulations

N.C. Gen. Stat. Ann. § 115C-323

“Any public school employee who has been absent for more than 40 successive school days because of a communicable disease shall, before returning to work, provide to the superintendent a certificate certifying that the individual is free from any communicable disease.”

N.C. Gen. Stat. Ann. § 130A-136

“A principal of a school and an operator of a child care facility, as defined in G.S. 110-86(3), who has reason to suspect that a person within the school or child care facility has a communicable disease or communicable condition declared by the Commission to be reported, shall report information required by the Commission to the local health director of the county or district in which the school or facility is located.”

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North Dakota

Statutes and Regulations

N.D. Cent. Code Ann. § 23-07-16.1

“Each school district shall adopt a policy governing the disposition of children attending school within the school district, employees of the school district, or independent contractors under contract with the school district who are diagnosed as having a significant contagious disease. The state department of health shall, with advice from the superintendent of public instruction, adopt rules establishing guidelines for the policy. The guidelines may include methods and procedures relating to a determination of whether and under what conditions a child with a significant contagious disease may not continue attending school or whether and under what conditions an employee or an independent contractor with a significant contagious disease may not continue in a work assignment.”

N.D. Admin. Code 33-06-05.2-01

“No student may be prohibited from attending the institution solely because they have, or they are perceived to have, a significant contagious disease. If the student is well enough to attend the institution, and does not constitute a public health threat, as determined by the decisionmaker, the student must be permitted to attend the institution. If the student is unable to attend regular class instruction or requires special consideration, then special provisions or individualized education programs must be provided for the student.”

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Ohio

Statutes and Regulations

Ohio Rev. Code Ann. § 3707.26

“Semiannually, and more often, if in its judgment necessary, the board of health of a city or general health district shall inspect the sanitary condition of all schools and school buildings within its jurisdiction, and may disinfect any school building. During an epidemic or threatened epidemic, or when a dangerous communicable disease is unusually prevalent, the board may close any school and prohibit public gatherings for such time as is necessary.”

Ohio Rev. Code Ann. § 3313.482

“(A)(1) Prior to the first day of August of each school year, the board of education of any school district or the governing authority of any chartered nonpublic school may adopt a plan to require students to access and complete classroom lessons posted on the district’s or nonpublic school’s web portal or web site in order to make up hours in that school year on which it is necessary to close schools for disease epidemic, hazardous weather conditions, law enforcement emergencies, inoperability of school buses or other equipment necessary to the school’s operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use.”

Ohio Rev. Code Ann. § 3314.08

“(4) With respect to the calculation of full-time equivalency under division (H)(3) of this section, the department shall waive the number of hours or days of learning opportunities not offered to a student because the community school was closed during the school year due to disease epidemic, hazardous weather conditions, law enforcement emergencies, inoperability of school buses or other equipment necessary to the school’s operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use, so long as the school was actually open for instruction with students in attendance during that school year for not less than the minimum number of hours required by this chapter. The department shall treat the school as if it were open for instruction with students in attendance during the hours or days waived under this division.”

Ohio Rev. Code Ann. § 3311.77

“(B) Teachers shall be paid for all time lost when the schools in which they are employed are closed due to an epidemic or other public calamity, and for time lost due to illness or otherwise for not less than five days annually as authorized by regulations which the board shall adopt.”

Ohio Rev. Code Ann. § 3319.081

“(G) All nonteaching employees employed pursuant to this section and Chapter 124. of the Revised Code shall be paid for all time lost when the schools in which they are employed are closed owing to an epidemic or other public calamity. Nothing in this division shall be construed as requiring payment in excess of an employee’s regular wage rate or salary for any time worked while the school in which the employee is employed is officially closed for the reasons set forth in this division.”

Ohio Admin. Code 3301-32-08

“(C) Each program shall have written policies and procedures for management of communicable disease consistent with the policies of the school district, county board of DD, or eligible nonpublic school board, which shall include, but not necessarily be limited to, the following:

(1) Training of staff members on signs and symptoms, hand-washing, and disinfecting equipment and materials;

(2) Isolating and excluding an ill child;

(3) Caring for a mildly ill child;

(4) Receiving notification from the parent(s) within the same business day when a child has been excluded from school because the child is suspected of having a communicable disease; and

(5) Placing the Ohio department of health’s poster “communicable disease chart” (jfs.ohio.gov) or school’s communicable disease chart in a conspicuous place for staff reference.”

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Oklahoma

Statutes and Regulations

Okla. Stat. tit. 63, § 1-507 

“No person having a communicable disease shall be permitted to attend a private or public school, and it shall be the duty of the parent or guardian of any such person, and the teacher of such person, to exclude from the school such person until the expiration of the period of isolation or quarantine ordered for the case, or until permission to do so shall have been given by the local health officer.”

Okla. Stat. Ann. tit. 70, § 6-101

“H. No school district or any member of a board of education shall be liable for the payment of compensation to any teacher or administrator for the unexpired term of any contract if the school building to which the teacher or administrator has been assigned is destroyed by accident, storm, fire, or otherwise and it becomes necessary to close the school because of inability to secure a suitable building or buildings for continuation of school. Teachers and administrators shall be entitled to pay for any time lost when school is closed on account of epidemics or otherwise when an order for such closing has been issued by a health officer authorized by law to issue the order.”

Okla. Admin. Code 210:15-3-143.1

“(a) Statement of the standard. Students will comprehend concepts related to health promotion and disease prevention to enhance health.

(b) Standard One objectives for Grades PreK-2. The following objectives apply for students in Pre-Kindergarten through Grade 2:

(1) Objective 1. Identify that healthy behaviors affect personal health (e.g., healthy eating, adequate sleep, physical activity, positive peer interactions).

(2) Objective 2. Recognize that there are multiple dimensions of health (e.g., physical, emotional, social, environmental).

(3) Objective 3. Describe ways to prevent communicable diseases.”

Okla. Admin. Code § 310:520-1-4

“(a) Diseases for which children should be excluded are shown on Appendix A of this Chapter. These are suggested periods of exclusion and can be modified on the circumstances surrounding the problem.

(b) When school of officials have reasonable doubt as to the contagiousness of any person who has been excluded from school for an infectious diseases, they may require a written statement from the county health department director, county superintendent of health, school nurse, or a private physician before the person is permitted to reenter school.

(c) The superintendent, teacher, or other official in charge of any school may exclude any child suffering from or exhibiting the following symptoms:

(1) fever alone, 100 degrees Fahrenheit;

(2) sore throat or tonsillitis;

(3) any eruption of the skin, or rash;

(4) any nasal discharge accompanied by fever;

(5) a severe cough, producing phlegm; or

(6) any inflammation of the eyes or lids.

(d) The decision to close schools in times of epidemics should be made by the school authorities in consultation with public health officials. In times of epidemics, the teachers should be unusually alert for signs of illness and report any symptoms of illness to the proper authorities.”

Okla. Stat. Ann. tit. 63, § 1-502

“(a) The State Board of Health shall have authority to adopt such rules and regulations, not inconsistent with law, as it deems necessary to aid in the prevention and control of communicable disease, which may be on the following matters: Recommended immunization procedures; quarantine measures; exclusion of children from school; regulation of public meetings and gatherings in epidemic situations; regulation of vectors; control of vehicles capable of transmitting a communicable disease; detection and diagnosis of communicable disease; carriers of disease; disposal of infected body wastes and other materials; fumigation, cleaning and sterilization, and disinfection; and other necessary measures to prevent and control communicable disease.”

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Oregon

Statutes and Regulations

Or. Rev. Stat. Ann. § 433.260

“(1) Whenever any administrator has reason to suspect that any child or employee has or has been exposed to any restrictable disease and is required by the rules of the Oregon Health Authority to be excluded from a school or children’s facility, the administrator shall send such person home and, if the disease is one that must be reported to the authority, report the occurrence to the local health department by the most direct means available.

(2) Any person excluded under subsection (1) of this section may not be permitted to be in the school or facility until the person presents a certificate from a physician, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, local health department nurse or school nurse stating that the person does not have or is not a carrier of any restrictable disease.”

Or. Rev. Stat. Ann. § 431A.005

“(10) “Reportable disease” means a disease or condition, the reporting of which enables a public health authority to take action to protect or to benefit the public health.”

Or. Admin. R. 461-135-0498 

“In the Pandemic-related Supplemental Nutrition Assistance Program (PSNAP):

(1)  The purpose of this rule is to set forth the policies for determining the activation of, eligibility for, and issuance of benefits under the PSNAP program for children certified eligible to receive free and reduced price school lunch benefits during a pandemic-related school closure. This program may be activated and benefits issued for the period October 1, 2009 through September 30, 2010.

(2)  The PSNAP program is activated when:

(a)  The school or school district notifies the Department of a school closure lasting a minimum of five consecutive school days due to pandemic-related illness; and

(b)  The school identifies each child participating in the free or reduced price school lunch program.

(3)  When the PSNAP program has been activated, only households meeting the following requirements may qualify for PSNAP program benefits. The school or school district provides the following items to the Department:…”

Or. Admin. R. 581-024-0275 

“(6)  In facilities operated by the district, each district must have a written plan for responding to emergency situations. Emergency situations include but are not limited to: injury accidents, fire, chemical spill, hazardous materials, exposure to contagious disease, fire arms on the premises, and other illegal acts that threaten the health and safety of staff and students.

(a)  Emergency plans should be coordinated with appropriate police and fire services, ambulance services and area hospitals.

(b)  There should be an adequate internal communication system in district operated facilities to transmit emergency information to staff and students in a rapid and clear manner.

(c)  The emergency plan should be posted in conspicuous places throughout district operated facilities.

(d)  There should be periodic training for staff and students regarding the emergency plan. Appropriate first-aid supplies and at least one staff member with a current first-aid/CPR card shall be available at all district operated facilities.”

Or. Admin. R. 333-019-0010

“(2) To protect the public health, an individual who attends or works at a school or child care facility, or who works at a health care facility or food service facility may not attend or work at a school or facility while in a communicable stage of a restrictable disease, unless otherwise authorized to do so under these rules.

(3) A susceptible child or employee in a school or children’s facility who has been exposed to a restrictable disease that is also a reportable disease for which an immunization is required under OAR 333-050-0050 must be excluded by the school administrator, unless the local health officer determines, in accordance with section (4) of this rule, that exclusion is not necessary to protect the public’s health.

(4) A school administrator may request that the local health officer determine whether an exclusion under section (3) of this rule is necessary. In making such a determination the local health officer may, in consultation as needed with the Authority, consider factors including but not limited to the following:

(a) The severity of the disease;

(b) The means of transmission of the disease;

(c) The intensity of the child’s or employee’s exposure; and

(d) The exposed child’s or employee’s susceptibility to the disease, as indicated by:

(A) A previous occurrence of the disease;

(B) Vaccination records;

(C) Evidence of immunity as indicated by laboratory testing;

(D) Year of birth; or

(E) History of geographic residence and the prevalence of the disease in those areas.

(5) The length of exclusion under section (3) of this rule is one incubation period following the child or employee’s most recent exposure to the disease.

(6) A susceptible child or employee may be excluded under this rule notwithstanding any claim of exemption under ORS 433.267(1).

(7) Nothing in these rules prohibits a school or children’s facility from adopting more stringent exclusion standards under ORS 433.284.

(8) The infection control committee at all health care facilities shall adopt policies to restrict the work of employees with restrictable diseases in accordance with recognized principles of infection control. Nothing in these rules prohibits health care facilities or the local public health authority from adopting additional or more stringent rules for exclusion from these facilities.”

Or. Rev. Stat. Ann. § 433.255

“Except in strict conformity with the rules of the Oregon Health Authority, no child or employee shall be permitted to be in any school or children’s facility when:

(1) That child or employee has any restrictable disease;

(2) That child or employee comes from any house in which exists any restrictable disease; or

(3) That child has been excluded as provided in ORS 433.267 (5) or (7).”

Noncodified Policies and Guidance

COVID-19 School Resources

COVID-19 Resources for Families and Schools

FAQ about School Closures

COVID-19 Resources

Pennsylvania

Statutes and Regulations

35 Pa. Stat. Ann. § 521.2

“(c) Communicable disease. An illness due to an infectious agent or its toxic products which is transmitted, directly or indirectly, to a well person from an infected person, animal or arthropod, or through the agency of an intermediate host, vector of the inanimate environment

(i) Quarantine. The limitation of freedom of movement of persons or animals who have been exposed to a communicable disease for a period of time equal to the longest usual incubation period of the disease in such manner as to prevent effective contact with those not so exposed. Quarantine may be complete, or, as defined below, it may be modified, or it may consist merely of surveillance or segregation.

(1) Modified quarantine is a selected, partial limitation of freedom of movement, determined on the basis of differences in susceptibility or danger of disease transmission, which is designed to meet particular situations. Modified quarantine includes, but is not limited to, the exclusion of children from school and the prohibition or the restriction of those exposed to a communicable disease from engaging in particular occupations.

(2) Surveillance is the close supervision of persons and animals exposed to a communicable disease without restricting their movement.

(3) Segregation is the separation for special control or observation of one or more persons or animals from other persons or animals to facilitate the control of a communicable disease. […]

(k) Reportable disease. (a) Any communicable disease declared reportable by regulation; (b) any unusual or group expression of illness which, in the opinion of the secretary, may be a public health emergency; and (c) such non-communicable diseases and conditions for which the secretary may authorize reporting to provide data and information which, in the opinion of the Advisory Health Board, are needed in order effectively to carry out those programs of the department designed to protect and promote the health of the people of the Commonwealth, or to determine the need for the establishment of such programs.”

35 Pa. Stat. Ann. § 521.3

“(a) Local boards and departments of health shall be primarily responsible for the prevention and control of communicable and non-communicable disease, including disease control in public and private schools, in accordance with the regulations of the board and subject to the supervision and guidance of the department.

(b) The department shall be responsible for the prevention and control of communicable and non-communicable disease in any municipality which is not served by a local board or department of health, including disease control in public and private schools.

(c) If the secretary finds that the disease control program carried out by any local board or department of health is so inadequate that it constitutes a menace to the health of the people within or without the municipalities served by the local board or department of health, he may appoint agents of the department to supervise or to carry out the disease control program of the particular local board or department of health until he determines that the menace to the health of the people no longer exists and that the local board or department of health is able to carry out an adequate disease control program. The secretary shall require that any reasonable expenses incident to the administration of a local disease control program under this subsection, which are incurred by the department, shall be paid to the State by the local board or department of health or by the municipalities or counties which it serves.”

24 Pa. Stat. Ann. § 25-2523

“When any board of school directors or intermediate unit with respect to area technical schools is compelled to close any school or schools on account of any contagious disease, natural disaster or other emergency or for the school year 1979-1980 on account of major construction or renovation to a school building, not including labor disputes involving school employees, and therefor is unable to keep such school or schools open for the minimum term required by this act, the Secretary of Education may pay to such school district or intermediate unit any or all of its share of the annual State appropriation as he deems proper.”

24 Pa. Stat. Ann. § 14-1413

“Duties of school physicians shall include the vaccination of children of indigent parents, official re-vaccination of children having temporary vaccination certificates, physical examination of children incident to the issuance of employment certificates as required by the provisions of the Child Labor Act, approval of the return of pupils who have been absent due to a contagious disease or suspected contagious disease, and such other duties as may be required by the board of school directors not inconsistent with the rules and regulations of the Secretary of Health.”

24 Pa. Stat. Ann. § 11-1153

“When a board of school directors is compelled to close any school or schools on account of contagious disease, the destruction or damage of the school building by fire or other causes, the school district shall be liable for the salaries of the teachers of said school or schools for the terms for which they were engaged. Whenever a teacher is prevented from following his or her occupation as a teacher, during any period of the school term, for any of the reasons in this section specified, the school district shall be liable for the salary of such teacher for such period, at the rate of compensation stipulated in the contract between the district and the teacher, in addition to the time actually occupied in teaching by such teacher.

Whenever a teacher is prevented by sickness or some other unavoidable circumstance from following his or her occupation, the school district may, at the discretion of the directors, make such payments of compensation during the period of absence from duty as the exigencies of the case may seem to warrant. In the case of sickness, no payments shall be made unless the teacher shall have furnished to the board of school directors a certificate from a physician stating the nature of the sickness and certifying that he or she was unable to perform duties as a teacher.”

24 Pa. Stat. Ann. § 6-665

“The board of public education in school districts of the first class may, during any fiscal year, make additional appropriations, or increase the existing appropriations, to meet emergencies such as epidemics, floods, fire or other catastrophes, and to increase the salaries of the employees of the board, the funds therefor to be provided from unexpended balances in existing appropriations, from unappropriated revenues, if any, or from temporary loans. Such additional appropriations, and such temporary loans, shall be authorized by the affirmative vote of two-thirds of all the members of the board.

The board of public education shall have the power to transfer any unencumbered balance, or any portion thereof, from one appropriation to another, or from one spending agency to another, by the affirmative vote of two-thirds of all the members of the board.”

24 Pa. Stat. Ann. § 15-1506

“(1) The procedure for a public school entity to notify students, parents and professional employees that a flexible instructional day is instituted.

(2) The procedure for instituting a flexible instructional day, including whether the public school entity will use technology. If technology will be used by the school entity, the procedure shall include information regarding accommodations for students and professional employees without Internet access at home and for digital device access at home and for digital access for families and employees without technology or an insufficient amount of technology for the number of children in the household.

(3) The responsibilities of professional employees and students during a flexible instructional day.

(4) The procedure for identifying student participation during a flexible instructional day for the purpose of enforcing attendance under Article XIII.

“Flexible instructional day” shall mean a day that satisfies all of the following:

(1) Fulfills one of the minimum required days of instruction under section 1501.4

(2) Prevents a school building from opening due to any of the following:

(i) A disease epidemic.”

24 Pa. Stat. Ann. § 6-687

“(c) The board of school directors may, during any fiscal year, make additional appropriations or increase existing appropriations to meet emergencies, such as epidemics, floods, fires, or other catastrophes, or to provide for the payment for rental under leases or contracts to lease from the State Public School Building Authority or any municipality authority entered into subsequent to the date of the adoption of the budget. The funds therefor shall be provided from unexpended balances in existing appropriations, from unappropriated revenue, if any, or from temporary loans. Such temporary loans, when made, shall be approved by a two-thirds vote of the board of school directors.”

35 Pa. Stat. Ann. § 521.16

“(a) The Board may issue rules and regulations with regard to the following:

(1) the communicable and non-communicable diseases, which are to be reportable;

(2) the methods of reporting of diseases, the contents of reports and the health authorities to whom diseases are to be reported;

(3) the communicable diseases which are to be subject to isolation, quarantine, or other control measures;

(4) the duration of the periods of isolation and quarantine;

(5) the enforcement of isolation, quarantine and other control measures;

(6) the immunization and vaccination of persons and animals;

(7) the prevention and control of disease in public and private schools;”

53 Pa. Stat. Ann. § 56605

“It shall be the duty of the health officer to attend all stated and special meetings of the board of health, and at all times be ready and available for the prompt performance of his official duties. He shall placard and quarantine all premises upon which cases of communicable disease exist, which have been reported to the board of health or of which he or the board of health may have knowledge, which are required by law or by regulation of the State Department of Health to be placarded and quarantined; and shall disinfect such premises upon the expiration of the quarantine period and the recovery of the last person therein suffering from such disease. He shall serve written notice on teachers and persons in charge of public, parochial, Sunday, and other schools, requiring the exclusion from school of children who are suffering from or who reside in the same premises with other persons who are suffering from communicable diseases; shall make sanitary inspections; shall execute the orders of the board of health; and shall, in the performance of his duties, have the power and authority of a township police officer.”

28 Pa. Code § 23.32

“(c) Duties. School physicians shall perform the required examinations of children in the specified grades. They shall, if their agreement with the board so states, give preemployment examinations to school personnel. They shall examine children who appear to deviate from their normal health or growth and development pattern and such examinations shall be given at the request of the administrator or teacher or nurse or on the initiative of the physicians. The school physicians shall vaccinate children of indigent parents, revaccinate children with temporary vaccination certificates, examine children incident to the issuance of employment certificates, approve return of children who have been absent due to a contagious disease or suspected contagious disease, and perform other duties that may be required by the board of school directors not inconsistent with the rules and regulations of the Department of Health.”

Noncodified Policies and Guidance

COVID-19 Resources for Schools

COVID-19 Resources

Puerto Rico

Statutes and Regulations

3 L.P.R.A. § 9806d

“In addition to those prescribed through regulations, the School Council shall have the following functions:

(k) To coordinate and conduct campaigns on suicide, bullying, human trafficking, contagious diseases, and suicide prevention or campaigns to promote healthy lifestyles.”

Noncodified Policies and Guidance

Vigilance Systems for COVID-19

COVID-19 Resources

Rhode Island

Statutes and Regulations

216 R.I. Code R. 20-10-4.20

“A. In accordance with the rules and regulations pertaining to the Reporting and Testing of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title), the basic responsibility for reporting infectious, environmental and occupational diseases lies with:

  1. Physicians licensed in accordance with R.I. Gen. Laws Chapter 5-37 who are attending the case or suspected case;
  2. Laboratories;
  3. Other authorized health professionals working under the auspices of a physician; and
  4. Other health care professionals authorized by law or regulation to practice independently (e.g., registered nurse practitioners).
  5. In the school setting, this requirement encompasses certified school nurse-teachers directed by a physician to report in accordance with the regulatory requirements cited above.
  6. Licensed health care facilities that operate school-based health clinics must report communicable, environmental and occupational diseases in accordance with the rules and regulations for the Licensing of Organized Ambulatory Care Facilities and the rules and regulations pertaining to the Reporting and Testing of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title)

B. In accordance with the rules and regulations pertaining to the Reporting and Testing of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title), any health care provider (e.g., school physicians, certified school nurse-teachers, school dentists/dental hygienist) having knowledge of any outbreak or undue prevalence of infectious or parasitic disease or infestation (based upon his/her professional judgment), whether listed in this Part or not, must promptly report the facts to RIDOH. Exotic diseases and unusual group expressions of illness that may be of public health concern should also be reported immediately.”

16 R.I. Gen. Laws Ann. § 16-2-3

“In the event of any emergency brought about by the incidence of any epidemic or the threat of an epidemic or any emergency which may endanger the health of children or the physical well being of the community, the school committee of any city or town with the approval of the board of regents for elementary and secondary education may reduce the number of school days to not less than one hundred seventy (170) days; provided, that the compensation of teachers, janitors, clerks, and other employees in the public schools of the city or town shall not be reduced by reason of the shortening of the school year.”

28 R.I. Gen. Laws Ann. § 28-57-6

“(a) Paid sick and safe leave time shall be provided to an employee by an employer for:

(3) Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of their exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease”

216 R.I. Code R. 20-10-4.9.1

“4.9.1 Population-Based Health Services

A. In accordance with R.I. Gen. Laws § 16-21-9, each community is required to provide adequate and appropriate personnel to conduct mandated population-based health services, as described in this Part, for all students attending schools within its geographical boundaries.

B. Population based services must include no less than the following components:

3. Reporting and managing any school-based communicable, environmental, or occupational disease, as directed by a physician and in accordance with the rules and regulations pertaining to the Reporting and Testing of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title).”

216 R.I. Code R. 20-10-4.10.1

“4.10.1 School Physician

7. At least annually, must review and approve school health service plans, protocols, and programs (except those developed and provided by the school dentist[s]) including but not limited to:

a. Delivery of school health services and screenings
b. Consultations;
c. Furnishing information on health-related matters;
d. Review of standing orders, protocols and procedures; and
e. Reporting and management of infectious diseases and outbreaks, in accordance with Rules and Regulations Pertaining to the Reporting of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title) and RIDOH recommendations related to infection control in the school environment.”

216 R.I. Code R. 40-10-18.6.3

“18.6.3 Infection Control

A. Policies and procedures governing infection control and reporting techniques shall be established in accordance with this section.

B. Infection control provisions shall be established for the mutual protection of patients, employees, and the public.

C. Reporting of Communicable Diseases:

  1. School-based health center personnel who are charged with reporting communicable diseases (e.g., physicians, physician assistants, registered nurse practitioners, midwives) shall promptly report to the Department cases of communicable diseases designated as “reportable diseases” by the Director of Health, when such cases are diagnosed in the school-based health center in accordance with the rules and regulations pertaining to Reporting and Testing of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title).
  2. When infectious diseases present a potential hazard to patients or personnel, these shall be reported to the Department, even if not designated as “reportable diseases.”
  3. School-based health centers must, in addition, comply with all other laboratory reporting requirements for tuberculosis, HIV/AIDS, sexually transmitted diseases, childhood lead poisoning, and occupational diseases as outlined in the regulations of Reporting and Testing of Infectious, Environmental and Occupational Diseases (Part 30-05-1 of this Title).”

218 R.I. Code R. 70-00-1.8

“B. Communicable Disease

  1. In the event a child or staff member suffers from a communicable disease, of public health significance, or in the event of an outbreak of any type, the facility must:a. report the disease to RI Department of Health, Center for Acute Infectious Disease Epidemiology;b. provide written notice to inform all parents/guardians to which communicable disease the child(ren) may have been exposed, without providing any identifying information regarding the source of the communicable disease.
  2. In all matters of exclusion and readmission of children for reasons of illness, the decision of the Child Care or School Age Administrator applies. If applicable, due to communicable disease, this decision is made in consultation with a licensed physician, physician’s assistant, or nurse practitioner, and RI Department of Health, Center for Acute Infectious Disease Epidemiology.”

Noncodified Policies and Guidance

COVID-19 Guidance for School Coaches

COVID-19 Resources

South Carolina

Statutes and Regulations

S.C. Code Ann. Regs. 61-20

“SECTION 12. Official School and Child Care Exclusion List of Contagious or Communicable Diseases.

A. The Department shall publish an Official School and Child Care Exclusion List of Contagious or Communicable Diseases for which known or suspected Cases and those exposed to certain Communicable Diseases, whether symptomatic or not, shall not be permitted to attend any private, public, parochial or church school or any childcare center or facility. This Exclusion List shall include specific conditions for duration of school or childcare exclusion as well as criteria for return, and it applies to both students and staff.

B. No superintendent, principal or teacher of any school, no provider of childcare as defined in S.C. Code Ann. Section 63-13-20, and no parent or guardian of any child or minor shall permit any child or minor having or suspected of having any of the Communicable Diseases published in this Exclusion List to attend any private, public, parochial, or church school or childcare center or facility until such time as the published conditions for return have been met.

C. No administrator, faculty member, teacher, staff member, volunteer, custodian or any other person having or suspected of having any of the Communicable Diseases published in this Exclusion List shall attend any private, public, parochial, or church school or childcare center or facility until such time as the published conditions for return have been met.

D. Any person who has been exposed to certain Communicable Diseases referenced in this Exclusion List, but who is not symptomatic, shall be excluded from the school or childcare setting and shall not be permitted to attend school or child care until the attending physician or the Department states in writing that the person may return to school or child care and he or she meets one or more of the following criteria:

(1) determined not to have been exposed to the Excludable Disease during the period of communicability;

(2) proven to be immune to the disease;

(3) determined not to be a Carrier of the disease;

(4) has been provided appropriate Post-exposure Prophylaxis;

(5) has exceeded the maximum incubation period of the disease from the last exposure; or

(6) the Department concludes disease transmission has ceased and no longer presents a risk to the public.”

Noncodified Policies and Guidance

COVID-19 Resources

South Dakota

Statutes and Regulations

S.D. Codified Laws § 13-28-7.3

“A school board or school superintendent may, with the concurrence of the county health officer, exclude from school attendance a student who is determined to be a risk or nuisance to the health of other students or school employees due to the presence of infectious disease or communicable parasite. A student may be readmitted when the school board or school superintendent, with the concurrence of the county health officer, determines that the state of communicability or infectiousness no longer exists.”

Noncodified Policies and Guidance

Guidelines for Pandemic Planning

COVID-19 Resources

Tennessee

Statutes and Regulations

Tenn. Comp. R. & Regs. 1200-11-05-.04

“(1) Every student enrolled in a participating public school in Tennessee is eligible to receive services provided by the program.

(2) The full range of the basic program services provided by the program at the participating public schools is available to any student with parental consent, or who is 18 years or older, or who is under 18 years old and whose minority has been removed, or who is married of any age.

(3) Program services that are available to sustain or protect life or prevent permanent physical or mental injury are available to all students enrolled in participating schools. The Good Samaritan Law (T.C.A. § 63-6-218) and the Child Sexual Abuse Law(T.C.A. § 37-1-601 et seq.) shall be applied, followed and relied upon as applicable.

(4) Assessment and follow-up services that have been implemented by the Department to prevent the spread of communicable disease are available to all students enrolled in participating schools. The communicable disease laws (T.C.A. § 68-10-101 et seq.) shall be applied, followed and relied upon as applicable.”

Tenn. Code Ann. § 49-2-203

“(2) Require school children and any employees of the board to submit to a physical examination by a competent physician whenever there is reason to believe that the children or employees have tuberculosis or any other communicable disease, and upon certification from the examining physician that the children or employees have any communicable disease, to exclude them from school or service until the child or children, employer or employers, employee or employees furnish proper certificate or certificates from the examining physician or physicians showing the communicable disease to have been cured”

Tenn. Code Ann. § 49-3-317

“(a) Whenever the operation of schools in any LEA is suspended by reason of epidemic, natural disaster or other justifiable cause, if so determined by the state board upon the written petition of the board, the suspension shall not operate to deprive the LEA of state funds to which it would be entitled, if the LEA otherwise meets the requirements of law.”

Tenn. Comp. R. & Regs. 1200-11-05-.01

“Unless otherwise specifically indicated by the context, for the purpose of these rules and regulations, the terms herein are defined as follows:

(6) Communicable Disease. An illness, due to an infectious agent or its toxic products, which is transmitted directly or indirectly to a well person from an infected person or animal, or through the agency of an intermediate animal host, vector, or inanimate environment.”

Tenn. Comp. R. & Regs. 0520-01-03-.08

“(c) Each local school system shall have a written policy for excluding pupils with communicable diseases and for readmitting them following recovery. In the case of diseases (listed in Regulations Governing Communicable Diseases in Tennessee: Tennessee Department of Health) the policy shall be in accordance with the recommendations of the State Department of Health as approved by the State commissioner.”

Noncodified Policies and Guidance

Guidelines for Pandemic Planning

COVID-19 Resources

Texas

Statutes and Regulations

25 Tex. Admin. Code § 97.7

“(a) The school administrator shall exclude from attendance any child having or suspected of having a communicable condition. Exclusion shall continue until the readmission criteria for the conditions are met…

(b) The school administrator shall exclude from attendance any child having or suspected of having a communicable disease designated by the Commissioner of the Department of State Health Services (commissioner) as cause for exclusion until one of the criteria listed in subsection (c) of this section is fulfilled.

(c) 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.”

26 Tex. Admin. Code § 744.2573

“You must follow the communicable disease exclusions required for schools as defined by the Texas Department of State Health Services (DSHS) in 25 TAC §97.7 (relating to Diseases Requiring Exclusion from Schools).”

19 Tex. Admin. Code § 101.5003

“(a) The commissioner of education shall consider requests from districts or campuses for alternate test dates on a case-by-case basis. Alternate test dates will only be allowed if the campus or district is closed on the day on which testing is scheduled or if there is an exceptional circumstance as defined under this section that may affect a district’s or campus’ ability to administer an assessment or the students’ performance on an assessment.

(b) For the purposes of this section, exceptional circumstances include but are not limited to the following:

(1) inclement weather or natural disasters that would cause a district or a campus to be closed or which would cause a small percentage of students to be in attendance on the day testing is scheduled;

(2) health epidemics that result in a large number of students being absent on the day of testing”

19 Tex. Admin. Code § 153.1001

“(a) For the purposes of Texas Education Code, § 21.405, a school district shall use the guidelines in this section to determine what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance.

(b) A personnel shortage exists when, despite reasonable efforts of a school district to use nonteaching personnel or the assistance of community volunteers to supervise students during lunch, there are no other personnel available.

(c) Extreme economic conditions exist when the percentage of a local tax increase, including any amounts necessary to implement this section, would place the district in jeopardy with respect to a potential tax roll-back election as provided in the Texas Property Tax Code, § 26.08.

(d) Unavoidable or unforeseen circumstances exist when, due to illness, epidemic, or natural or man-made disaster, a school district is unable to find an individual to supervise students during lunch.”

Noncodified Policies and Guidance

COVID-19 School Resources

COVID-19 School Guidance

COVID-19 Resources

Utah

Statutes and Regulations

Utah Code Ann. § 26-6-6

“The following shall report to the department or the local health department regarding any individual suffering from or suspected of having a disease that is communicable, as required by department rule:

(9) individuals in charge of schools having responsibility for any individuals who have a disease suspected of being communicable”

Utah Code Ann. § 26A-1-114

“(1) A local health department may:

(e) close theaters, schools, and other public places and prohibit gatherings of people when necessary to protect the public health”

Utah Code Ann. § 26A-1-127

“(1) In addition to the duties listed in Section 26A-1-114, a local health department shall develop and implement a locally appropriate plan, in coordination with appropriate local, state, and federal partners, to:

(a) investigate disease outbreaks;

(b) expand outreach and education efforts to employers, schools, and community organizations; and

(c) expand local capacity to respond to disasters or disease outbreaks.

(2) The plan required by Subsection (1) shall include as a minimum, details on how the local health department will maintain, train, and strengthen:

(a) the Medical Reserve Corps authorized by Section 26A-1-126;

(b) disease surveillance systems;

(c) disease outbreak management systems to respond to communicable and food borne illness; and

(d) emergency preparation and response plans to address infrastructure capacity and outreach and training to community partners.”

Utah Admin. Code r. R277-419-12

“(5)(a) An LEA may request the Board to waive the school day and hour requirement pursuant to a directive from the Utah State Health Department or a local health department, that results in the closure of a school in the event of a pandemic or other public health emergency.

(b) A waiver described in this Subsection (5) may be for a designated time period, for a specific area, or for a specific LEA in the state, as determined by the health department directive.

(c) A waiver may allow an LEA to continue to receive state funds for pupil services and reimbursements.

(d) A waiver granted by the Board or Superintendent as described in this Subsection (5) shall direct an LEA to provide as much notice to students and parents of the suspension of school services, as is reasonably possible.

(e) A waiver granted shall direct an LEA to comply with health department directives, but to continue to provide any services to students that are not inconsistent with the directive.

(f) The Board may encourage an LEA to provide electronic or distance learning services to affected students for the period of the pandemic or other public health emergency to the extent of personnel and funds available.”

Noncodified Policies and Guidance

COVID-19 Resources

COVID-19 School Resources

Vermont

Statutes and Regulations

12-5 Vt. Code R. § 12

“The following organizations and persons who know or suspect that a person is sick or has died of a disease dangerous to the public’s health are required to report to the Department of Health within 24 hours of the time when they become aware of the disease (immediate reporting is essential for those diseases or laboratory reports indicated by a “*”). Nonmedical community-based organizations are exempt from these requirements. Required reporters:

5.1.8 School health officials”

Noncodified Policies and Guidance

COVID-19 Guidance for Schools

Memo- COVID-19 Guidance for Schools

COVID-19 Resources

Virginia

Statutes and Regulations

12 Va. Admin. Code 5-90-90

“D. Persons in charge of a residential or day program, service, or facility licensed or operated by any agency of the Commonwealth, or a school, child care center, or summer camp. Any person in charge of a residential or day program, service, or facility licensed or operated by any agency of the Commonwealth, or a school, child care center, or summer camp as defined in § 35.1-1 of the Code of Virginia shall report immediately to the local health department the presence or suspected presence in his program, service, facility, school, child care center, or summer camp of persons who have common symptoms suggesting an outbreak situation. Such persons may report additional information, including identifying and contact information for individuals with communicable diseases of public health concern or individuals who are involved in outbreaks that occur in their facilities, as necessary to facilitate public health investigation and disease control. Any person so reporting shall be immune from liability as provided by § 32.1-38 of the Code of Virginia.”

Noncodified Policies and Guidance

COVID-19 School Resources

COVID-19 Superintendent Memo

COVID-19 Resources

Virgin Islands

Statutes and Regulations

1-4. Control of cases and contacts, 19 VI ADC § 1-4

“No parent, guardian, or other person shall carelessly carry about children or others affected with infectious diseases, or knowingly or willfully introduce infectious individuals into schools, churches, theaters, other persons’ homes or any public place in which large groups congregate.

The local health officer with the approval of the Commissioner of Health may issue any regulation designed to control and prevent the spread of any communicable disease.”

Noncodified Policies and Guidance

COVID-19 School Resources

COVID-19 Health Officials Update

COVID-19 Update

Washington

Statutes and Regulations

Wash. Rev. Code Ann. § 70.26.040

“(1) Each local health jurisdiction shall develop its pandemic flu preparedness and response plan based on the requirements and performance standards established under RCW 70.26.030(1) and an assessment of the jurisdiction’s current capacity to respond to pandemic flu. The plan shall be developed in consultation with appropriate public and private sector partners, including departments of emergency management, law enforcement, school districts, hospitals and medical professionals, tribal governments, and business organizations. At a minimum, each plan shall address:

(a) Strategies to educate the public about the consequences of influenza pandemic and what each person can do to prepare, including the adoption of universal infectious disease prevention practices and maintaining appropriate emergency supplies;

(b) Jurisdiction-wide disease surveillance programs, coordinated with state and federal efforts, to detect pandemic influenza strains in humans and animals, including health care provider compliance with reportable conditions requirements, and investigation and analysis of reported illness or outbreaks”

Wash. Rev. Code Ann. § 70.26.030

“(1) The secretary shall establish requirements and performance standards, consistent with any requirements or standards established by the United States department of health and human services, regarding the development and implementation of local pandemic flu preparedness and response plans.

(2) To the extent state or federal funds are provided for this purpose, by November 1, 2006, each local health jurisdiction shall develop a pandemic flu preparedness and response plan, consistent with requirements and performance standards established in subsection (1) of this section, for the purpose of:

(a) Defining preparedness activities that should be undertaken before a pandemic occurs that will enhance the effectiveness of response measures;

(b) Describing the response, coordination, and decision-making structure that will incorporate the local health jurisdiction, the local health care system, other local response agencies, and state and federal agencies during the pandemic;

(c) Defining the roles and responsibilities for the local health jurisdiction, local health care partners, and local response agencies during all phases of a pandemic;

(d) Describing public health interventions in a pandemic response and the timing of such interventions;

(e) Serving as a guide for local health care system partners, response agencies, and businesses in the development of pandemic influenza response plans; and

(f) Providing technical support and information on which preparedness and response actions are based.

Each plan shall be developed based on an assessment by the local health jurisdiction of its current capacity to respond to pandemic flu and otherwise meet department outcome measures related to infectious disease outbreaks of statewide significance.”

Wash. Rev. Code Ann. § 28A.210.010

“The state board of health, after consultation with the superintendent of public instruction, shall adopt reasonable rules regarding the presence of persons on or about any school premises who have, or who have been exposed to, contagious diseases deemed by the state board of health as dangerous to the public health. Such rules shall specify reasonable and precautionary procedures as to such presence and/or readmission of such persons and may include the requirement for a certificate from a licensed physician that there is no danger of contagion. The superintendent of public instruction shall provide to appropriate school officials and personnel, access and notice of these rules of the state board of health. Providing online access to these rules satisfies the requirements of this section. The superintendent of public instruction is required to provide this notice only when there are significant changes to the rules.”

Wash. Rev. Code Ann. § 28A.505.170

“(1) Notwithstanding any other provision of this chapter, upon the happening of any emergency in first-class school districts caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, or for the restoration to a condition of usefulness of any school district property, the usefulness of which has been destroyed by accident, and no provision has been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote of the majority of all board members of a resolution stating the facts constituting the emergency, may make an appropriation therefor without notice or hearing.”

Wash. Rev. Code Ann. § 28A.150.290

“(2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the annual average total instructional hour offering imposed by RCW 28A.150.220 and 28A.150.260 due to one or more of the following conditions:

(a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable”

Wash. Admin. Code 246-101-420

“Schools shall:

(1) Notify the local health department of cases, suspected cases, outbreaks, and suspected outbreaks of disease that may be associated with the school.

(2) Cooperate with the local health department in monitoring influenza.

(3) Consult with a health care provider or the local health department for information about the control and prevention of infectious or communicable disease, as necessary.

(4) Cooperate with public health authorities in the investigation of cases, suspected cases, outbreaks, and suspected outbreaks of disease that may be associated with the school.”

Wash. Admin. Code 246-110-001

“The rules in this chapter identify certain contagious diseases that may affect children, or others who are susceptible, in schools, and childcare centers. When an outbreak or potential outbreak of a contagious disease is identified in a school or childcare center, the rules in this chapter identify what schools, childcare centers and local health officers may do to control or prevent a potential outbreak of the contagious disease. These rules are in addition to other requirements imposed by chapter 246-100 WAC, Communicable and certain other diseases and chapter 246-101 WAC, Notifiable conditions.”

Wash. Admin. Code 246-110-020

“(1) When a school or childcare center becomes aware of the presence of a contagious disease at the facility, as defined in WAC 246-110-010, the officials at the school or childcare center shall notify the appropriate local health officer for guidance.

(2) When there is an outbreak of a contagious disease, as defined in WAC 246-110-010, and there is the potential for a case or cases within a school or childcare center, the local health officer, after consultation with the secretary of health or designee if appropriate, shall take all appropriate actions deemed to be necessary to control or eliminate the spread of the disease within their local health jurisdiction including, but not limited to:

(a) Closing part or all of the affected school(s) or childcare center(s);

(b) Closing other schools or childcare centers;

(c) Canceling activities or functions at schools or childcare centers;

(d) Excluding from schools or childcare centers any students, staff, and volunteers who are infectious, or exposed and susceptible to the disease.”

Wash. Admin. Code 392-129-105

“(1) Extension of the school year to and through June 14th; and

(2) Use of scheduled vacation days and foreseeable school closure days, to attain the minimum number of school days and district-wide annual average total instruction hour offerings required by law. In no case, except as provided in subsection (3) of this section, shall a school district or charter school be considered to have made a reasonable effort unless at least three school days, per incident, and district-wide annual average total instruction hour offerings which have been lost have in fact been made up.

(3) Where a school district or charter school resides in a county which was declared a state of emergency proclamation by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the emergency impacted district-wide facilities or operations, the superintendent may consider school district or charter school applications to have met the “reasonable effort” test by providing at least the district-wide annual average total instruction hour offerings.”

Wash. Admin. Code 392-129-150

“If the superintendent of public instruction determines that the school district or charter school has provided a conclusive demonstration that one or more unforeseen natural events, mechanical failures, or actions or inactions by one or more persons prevented the school district or charter school from operating the school, the school district or charter school shall receive its full annual allocation of state moneys. However, the superintendent of public instruction may only excuse the school district or charter school for up to two scheduled school days per incident and not for more than three scheduled school days per school year. Provided, the superintendent may excuse more than two scheduled school days per incident or three scheduled school days per year where the school is located in a county which was subject to a state of emergency declaration by the governor due to fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption, and the event giving rise to the emergency declaration prevented operation of the school.”

Wash. Admin. Code 392-129-045

“As used in this chapter, ‘natural event‘ means, but is not limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption.”

Noncodified Policies and Guidance

COVID-19 Information

COVID-19 School Resources

COVID-19 Resources

West Virginia

Statutes and Regulations

W. Va. Code Ann. § 18A-5-1

“(b) Subject to the rules of the State Board of Education, the teacher shall exclude from the school any student known to have or suspected of having any infectious disease, or any student who has been exposed to any infectious disease, and shall immediately notify the proper health officer or medical inspector of the exclusion. Any student so excluded may not be readmitted to the school until he or she has complied with all the requirements of the rules governing those cases or has presented a certificate of health signed by the medical inspector or other proper health officer.”

W. Va. Code Ann. § 18-9B-11a

“If as a result of epidemics or other abnormal circumstances any county suffers an abnormal reduction in attendance during any year, the board of school finance, in order to assure an equitable allocation of aid, may in its computation for such aid, make adjustments in the average daily attendance figure.

The maximum limit to such adjustment shall be the average daily attendance used as a base in computing the allocation of aid for the previous year multiplied by the ratio that the net enrollment for the adjusted years bears to the net enrollment for the base year.”

W. Va. Code R. 126-51-9

“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…

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. […]”

W. Va. Code R. 126-28-12.6

“12.6. The education and monitoring of communicable diseases during the school year are necessary to keep students healthy and learning. W. Va. 126CSR51, WVBE Policy 2423, Health Promotion and Disease Prevention (hereinafter Policy 2423), establishes standards that must be in place for addressing issues and educating staff, students and families on communicable diseases. The knowledge of standard/universal precautions, transmission, prevention, and treatment of communicable diseases will enhance health education, prevention, and equality for all.”

W. Va. Code R. 64-7-14

“14.3.a. The administrator or any responsible health care provider of any school, camp, vessel, correctional facility, daycare, or department-operated health care facility shall:

14.3.a.1. Report any reportable disease, outbreak, or condition occurring in the school, camp, vessel, correctional facility, daycare, or department-operated health care facility as required by this rule”

W. Va. Code R. 126-51-2

“2.1. Good health and safety are essential to student learning. This policy establishes the standards that must be placed in county policy ensuring student health, preventing disease and addressing issues and educating students and school personnel on communicable diseases. The knowledge of health promotion and disease prevention along with standard/universal precautions, transmission, prevention and treatment of communicable diseases will support student success.

2.2. The objective of this policy is to allow for procedures to be in place for detection of potential health barriers to learning and communicable diseases, inclusion and exclusion, standard/universal precautions and enhancement of knowledge to ensure preventative measures occur for students and school personnel. This policy will assist in developing a working relationship with school personnel, parents/guardians, the students’ medical and dental home and the local health department while decreasing duplication of health services offered by the school and the medical and dental home and/or the community serving the students.”

W. Va. Code R. 64-7-22

“22.1. When a pupil or school personnel member suffers from a communicable disease potentially placing other students or school personnel at risk of disease, the individual may be excluded from school by the local health officer, the individual’s physician, or the school administrator acting in accordance with the Department of Education rule, “Health Promotion and Disease Prevention,” 126 CSR 51.

22.2. When a pupil or school personnel member has been excluded from school due to a communicable disease, the individual may return upon presentation of a certificate of health to school officials from a physician, local health officer, or his or her authorized representative stating that the individual is no longer liable to transmit the disease to others. The return is subject to compliance with the Department of Education rule, “Health Promotion and Disease Prevention,” 126 CSR 51.”

Noncodified Policies and Guidance

COVID-19 Resources

Wisconsin

Statutes and Regulations

Wis. Stat. Ann. § 252.02

“(1) The department may establish systems of disease surveillance and inspection to ascertain the presence of any communicable disease…

(2) In an emergency, the department may provide those sick with a communicable disease with medical aid and temporary hospital accommodation.

(3) The department may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics.

(4) Except as provided in ss. 93.07(24) (e) and 97.59, the department may promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease and for the sanitary care of jails, state prisons, mental health institutions, schools, and public buildings and connected premises. Any rule or order may be made applicable to the whole or any specified part of the state, or to any vessel or other conveyance. The department may issue orders for any city, village or county by service upon the local health officer. Rules that are promulgated and orders that are issued under this subsection supersede conflicting or less stringent local regulations, orders or ordinances.

(5) If any public officer or employee or any person in charge of any building, vessel, conveyance, jail, state prison, mental health institution or school fails to comply with a rule promulgated or order issued under sub. (4), the department may appoint an agent to execute its rules or orders. Expenses that an agent incurs shall be paid by the unit of government that employs the person or of which the public officer is a member. If the building, vessel, conveyance, mental health institution or school is privately owned the state shall pay the expenses that the agent incurs.

(6) The department may authorize and implement all emergency measures necessary to control communicable diseases.”

Wis. Stat. Ann. § 252.21

“(1) If a teacher, school nurse, or principal of any school or child care center knows or suspects that a communicable disease is present in the school or center, he or she shall at once notify the local health officer. […]

(6) Any teacher, school nurse or principal may send home pupils who are suspected of having a communicable disease or any other disease the department specifies by rule. Any teacher, school nurse or principal who sends a pupil home shall immediately notify the parents of the pupil of the action and the reasons for the action. A teacher who sends a pupil home shall also notify the principal of the action and the reasons for the action.”

Wis. Stat. Ann. § 119.18

“(6) School calendar. The board may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds. The board may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.”

Wis. Stat. Ann. § 119.9003

“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…

“(9) School calendar. The commissioner may determine the school calendar and vacation periods for each school year for the regular day schools, summer schools, social centers, and playgrounds transferred to the opportunity schools and partnership program. The commissioner may close any school or dismiss any class in the event of an emergency, fire or other casualty, quarantine, or epidemic.”

Noncodified Policies and Guidance

COVID-19 Information

COVID-19 Resources for Schools

COVID-19 Information for School Nurses

Sample Pandemic Plan

School Pandemic Planning Resources

Guide to Help Children Cope with COVID-19 Stress

COVID-19 Resources

Wyoming

Statutes and Regulations

Wyo. Stat. Ann. § 35-1-702

“It shall be the duty of the joint committee on school health to prescribe uniform policies regarding the medical services, sanitary environment and health instruction of the school children. Provided that any policies prescribed relating to medical treatment or physical examination shall not be applicable to any student whose parent or guardian in writing objects to such regulation on religious grounds. Such objection shall not exempt the student from the quarantine laws of the state, nor prohibit an examination for infectious or contagious diseases.”

Noncodified Policies and Guidance

COVID-19 Superintendent’s Statement

COVID-19 Resources

Thanks to Kristen Harper, Yosmary Rodriguez, Stephen Russ, Heather Steed, and Sarah Sun for their assistance with this blog post.