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(1.97) If my child has a communicable disease, can the district refuse to provide a home instructor or prohibit her from attending school on the basis of a risk to staff or other children?

(1.97) If my child has a communicable disease, can the district refuse to provide a home instructor or prohibit her from attending school on the basis of a risk to staff or other children?

Under state regulations, a student “while infected with any contagious or infectious disease may not remain in any public school.” [5 C.C.R. Sec. 202.] However, a district policy that denies home instruction or school attendance to a student with a communicable disease on the ground of risk to others will be closely examined by the courts. At least one court has held that these factors shall be considered:  1) How great the risk really is in terms of how the disease is transmitted; 2) The duration of the risk; 3) How great the risk is in terms of the consequences of infection; 4) The likelihood of transmission of the disease; and 5) The reasonable steps that could be taken to reduce any risks. [Martinez v. School Board of Hillsboro County, 861 F.2d 1502 (11th Cir. 1988).]