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:
- How great the risk really is in terms of how the disease is transmitted;
- The duration of the risk;
- How great the risk is in terms of the consequences of infection;
- The likelihood of transmission of the disease; and
- The reasonable steps that could be taken to reduce any risks. [Martinez v. School Board of Hillsboro County, 861 F.2d 1502, 1505 (11th Cir. 1988).]