Educational institutions are potential high-risk areas for transmission of vaccine-preventable diseases. While immunization is an important health requirement for students in District schools, it is equally important for staff in these settings and other District buildings to be protected against vaccine-preventable diseases. This policy is adopted in conformance with the Salt Lake County Health Department’s (health department) Health Regulation #38. The Board delegates to the District Administration the responsibility for developing and administrating the policy for employee immunizations.
Utah law provides the health department, in the event of a case or an outbreak of a vaccine-preventable disease among District students or employees, with the authority to exclude from school and the workplace all susceptible persons, including students and employees, to prevent the spread of a communicable disease and to protect the public’s health. This policy is adopted to facilitate the timely identification of employees who must be excluded and to outline the details of their employment status during the period of exclusion.
Record of Immunization All employees are encouraged to maintain a record of immunization or immunity against the diseases listed in Section C for ready access in the event of an outbreak. In the event of an outbreak, District nurses will act as a liaison between the health department, school administration and impacted employee(s) who will be required to provide their record of immunization. Employees with no record on file, or whose record does not indicate immunization against the disease identified in an outbreak, may be excluded from the school or workplace until authorized by the local health department to return.
The District will provide policy notification to employees during the new hire onboarding process and each year during the critical policy review. In accordance with the recommendation of the Utah Department of Health, all employees are encouraged to be vaccinated against the following:
Measles, Mumps, Rubella (MMR) – Employees born in or after 1957 must provide documentation of two (2) doses of the MMR administered at least one month apart, or proof of immunity.
Tetanus, Diphtheria, Pertussis (Tdap) – Employees must provide documentation of one (1) dose of the Tdap.
Varicella (Chicken Pox) – Employees must provide documentation of receiving two (2) doses of Varicella vaccine at least four (4) weeks apart or a physician diagnosis or personal recall of Varicella disease or proof of immunity.
Exemptions Except as otherwise provided, employees may claim an exemption to an immunization for 1) medical; 2) religious; or 3) personal reason(s), as allowed by Utah Code §53G-9-303. Each exemption claimed must be accompanied by the appropriate authorized health department exemption form.
Exclusion When the local health department verifies that a case or an outbreak of a disease listed in Section C has been identified at a school or other District location, the health department has the authority to exclude individuals from the workplace it determines pose a risk to the public health. Administrators should cooperate with health department personnel and District nurses to request records of immunization. If the health department determines that an employee must be excluded, the health department official or District nurse shall notify the school/building administrator and the Administrator of Human Resources. The District will take action according to the following provisions:
Communication with health department.
In the event an employee is excluded, school/building administrators and other District administrators shall communicate with health department officials regarding such issues as schedules, activities, and other information to mitigate the exclusion from unnecessarily disrupting school/building operation.
Excluded with a personal, medical or religious exemption form.
An employee who is excluded because the employee submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion.
If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
Excluded with no immunization/immunity record or exemption form.
An employee who is excluded because the employee has been unable to provide a record of immunization/immunity or has not submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion if the exclusion for an outbreak occurs before July 1, 2018.
If the exclusion for an outbreak occurs after June 30, 2018, the excluded employee shall not be allowed to use his/her available leave as allowed by policy, with the exception of Vacation or Personal Leave, during the time of exclusion.
If no Vacation or Personal Leave is available, the employee will be placed on unpaid administrative leave during the time of exclusion.
This unpaid leave will not count towards the 15 day leave of absence limit set forth in DP337 NEG or DP337B NEG.
If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
The Board recognizes that students with special health care needs are entitled to public education. Therefore, the Board delegates to the Administration responsibility for developing policy to provide necessary health care services for students with special health care needs in accordance with state and federal law. (See Section 504 of the Rehabilitation Act of 1973, the Utah Nurse Practice Act, the Nurse Practice Act Rules, and Individuals with Disabilities Education Act of 1990.)
Administrative Policy The Administration may provide accommodations to students with special health care needs who require individualized health-related services/interventions by Jordan School District and its personnel to enable their participation in the educational process. This policy shall be administered within health and safety parameters according to the following administrative policy provisions:
Definition of Special Health Care Needs
Students shall be considered as having a special health care need if one or more of the following conditions applies:
The student requires administration of medication during the school day in order to access his/her educational program. (Note: If the student's only special health care need is administration of medication during the school day, the student's services shall be administered according to Policy AS85—Medication in the School Setting and the provisions of this policy shall not apply.)
The student requires administration of support procedures during the school day in order to access his/her educational program.
The student uses a particular health care device that monitors or compensates for the loss of a body function.
The student's health condition may require routine or emergency health care procedures.
The student's health condition may require substantial, complex, or frequent health care services to avert death or further disability.
The student's individual education program requires support health care services.
Requesting Special Health Care Services/Interventions
Procedures for requesting special health care services/interventions are as follows:
The student's parent shall provide all of the forms and information necessary to enable the District nurse to make an initial assessment of the student's condition. This may include:
A statement from the student's primary health care provider which describes the special services/interventions required and how they are to be administered.
Other health-related evaluations or information as requested by the District nurse.
Except for students subject to IDEA or §504 of the Rehabilitation Act, expenses for health-related evaluations and assessments shall be the responsibility of the parent. Parents who need financial assistance obtaining required health-related evaluations or information shall be advised to contact the Utah State Department of Health.
The principal shall provide liaison services and facilitate communication with the parents, school nurse, primary health care provider, school staff, and other agencies as necessary.
Responding to Requests for Services/Interventions
The process for reviewing and approving or denying requests for special health care services/interventions shall be as follows:
What health care services/interventions are required; e.g., medications, special diet, school or classroom modifications, equipment, supplies, etc.
Whether the requested services/interventions are necessary during the school day to enable the student to access his/her educational program.
Whether the requested services/interventions can reasonably be accommodated by school personnel.
Whether the requested services/interventions can legally be provided by school personnel who are not licensed nurses or health care practitioners. (Note: Nursing activities not specifically addressed in the Utah Nurse Practices Act may be performed by a non-licensed individual provided the activity does not require exercising nursing judgment and the activity is delegated and supervised by a licensed nurse.)
Whether the requested services/interventions constitute supportive rather than medical services.
The District nurse shall report the findings of the initial health care assessment to the school principal with a recommendation to grant or deny the request for special services/interventions.
The District nurse may organize a Health Care Team to develop an individual health care plan for the student if needed.
The principal shall forward the request to the District Compliance Officer if any of the following conditions apply:
The requested services are “medical” (services that can only be rendered by a physician) rather than “support” services.
The requested special services/interventions cannot be provided by school personnel in accordance with the Utah Nurse Practice Act.
The request for services is denied by the District nurse.
District Review and Right of Appeal
The District Compliance Officer shall notify the parents and District nurse in writing if the request for special services/interventions is denied.
The parents shall be informed in writing that decisions of the District Compliance Officer may be appealed to a Health Services Panel composed of the Coordinator of Educational Support Services, the appropriate Administrator of Schools, and a designated District nurse. Appeal procedures are as follows:
A written appeal shall be submitted to the Superintendent of Schools within 10 days of the determination of the District Compliance Officer.
The Health Services Panel shall review the findings of the District Compliance Officer and make a determination about the school's ability to provide the special health care services requested.
Parents shall be notified of the Health Services Panel's decision in writing.
Individualized Health Care Plans
An individualized Health Care Plan shall be developed by the District nurse for all students who qualify for special health care services/interventions.
Plans shall be developed prior to placement if the student's condition is life threatening or capable of causing serious injury to the student or to other students or staff members. Until a health care plan can be developed, the student may be placed in the Home and Hospital or other appropriate instruction program. However, if the student is designated under either §504 of the Vocational Rehabilitation Act or receives education pursuant to an individualized education program, then the IEP team must be convened prior to any change in placement to address the health needs for school.
Each individualized health care plan may include the following components:
A description of the student's health condition.
A description of the services/interventions to be performed with specific, detailed instructions from the student's health care provider.
Written permission from the parents to administer any required medications or perform any required procedures.
A list of the school personnel assigned by the school principal to perform the services/interventions. If the parent, privately employed nurse, or other non-employee is to perform the service, parent must provide prior written permission.
A description of any recommended safety precautions and/or signs of distress which could indicate the onset of a medical emergency.
Instructions for emergency interventions including:
Emergency numbers for family and alternative contacts.
The preferred emergency room if requested by primary medical provider or parent.
A list of school personnel who are acquainted with the student's condition and able to render emergency assistance.
Other information the District nurse deems necessary.
Instructions for special transportation services, if applicable, including:
The mode of transportation to and from school.
The maximum recommended travel time each way.
Equipment and adaptations necessary for transportation; e.g., lifts, wheelchair restraints, oxygen, etc.
Special staffing or training required for transportation personnel.
An implementation date.
The completed individualized health care plan shall be maintained by the schoolas a "private" record in accordance with the Government Records Access Management Act. Eligible students under IDEA or Section 504 must have health care plans attached to their IEP or 504 plan.
Parents shall notify the principal in writing of any changes in the student's condition which may require a modification of the health care plan. The health care team shall be reconvened, if necessary. The principal shall notify the District nurse of any changes in the student’s condition.
The school principal, in conjunction with the District nurse, shall assign staff members to perform special health care services/interventions outlined in the Individualized Health Care Plan. Such assignments shall be within the limits of Policy AS85—Medication in the School Setting by school personnel, and the Utah Nurse Practices Act and other applicable statutes and regulations.
The school principal shall see that staff members assigned to provide special health care services/interventions for students understand and use Universal Precautions Against Blood Borne Diseases.
The school principal and District nurse shall cooperatively determine the in-service training necessary to enable the assigned staff members to successfully perform the required services/interventions.
Following in-service training and prior to rendering special health care service/interventions, the District nurse shall verify the staff member's ability to safely perform the assigned duties.
The District nurse shall advise the school principal regarding supervision of staff members assigned to perform special health care service/interventions.
The school principal may notify other staff members of the student's need for special health care services/interventions within the limits of the Family Educational Rights and Privacy Act (FERPA) and the Government Records Management Access Act (GRAMA) and the Health Insurance Portability and Accountability Act (HIPPA).
The school principal shall notify the District nurse and staff members assigned to provide special services/interventions of any changes in the student's condition that have necessitated changes in the Individualized Health Care Plan.
Provisions for Health and Safety
The school principal shall be responsible to see that all staff members receive training in the use of Universal Precautions Against Blood Borne Diseases.
The school principal shall be responsible to see that the necessary equipment, materials and supplies are provided to staff members who are required to perform special health care services/interventions.
Universal Precautions Against Blood Borne Diseases shall be used in handling and disposing hazardous materials.
Upon the recommendation of the State Health Department or recommendation of a personal physician based on a staff member's special medical condition, the District shall pay for immunizations and/or related testing for staff members whose assignment to provide special health care services/interventions places them at increased health risk.
Staff members shall not be required to perform special health care services or interventions if so doing places them in imminent danger or exposes them to serious health risk.
If the safeguards outlined in this policy are not implemented, staff members may refuse to perform special health care services/interventions and shall appeal to the District Compliance Officer in accordance with the procedures outlined in Policy DP315 NEG—Grievance Procedures.
Board Directive The Board recognizes that maintaining a high level of immunization among the students contributes to the health and well-being of the total community. Therefore, the Board authorizes the Administration to establish immunization screening procedures and to exclude from school those students who are not either immunized or exempted as required by Utah Code Ann. §53G-9-302 et seq. and any applicable Utah Department of Health rules.
Administrative Policy The Administration shall be responsible for establishing policy by which the level of immunization of all students can be determined and appropriate action can be taken in cases where immunization levels do not comply with the law.
Local schools shall be responsible to monitor the immunization records and compliance of all students. District nurses shall serve as advisers to the school in this process.
A student may not enter school without a certificate of immunization from a licensed physician or authorized representative of the state or local health department stating that the student has received immunization against communicable diseases as required by rules adopted by the Utah Department of Health unless the student qualifies for a conditional enrollment or an exemption from immunization as follows:
A student who at the time of school enrollment has not been completely immunized against each disease specified by the Utah Department of Health may attend school under a conditional enrollment if the student has received one dose of each specified vaccine prior to enrollment and is on schedule for subsequent immunizations. A military child, as defined in Utah Code §53E-3-903, shall be given 30 days from the day of enrollment to receive one dose of each specified vaccine and to be on schedule for subsequent immunizations. If subsequent immunizations are one calendar month past due, the student may no longer be conditionally enrolled and shall be excluded from school (Utah Department of Health Rule 396-100-7). The student's parent, guardian, a legal-age brother or sister of a student who is without parent or guardian, or the student if of legal age shall ensure that immunizations are completed on schedule and provide satisfactory evidence to the school that the student's immunization has been obtained.
Conditional Enrollment Review
The immunization status of those students enrolled conditionally shall be reviewed by the school every 30 days to ensure conformed compliance (Utah Department of Health Rule 396-100-7).
Exclusion of Conditionally Enrolled Students
Students enrolled conditionally shall be excluded from school if the school is not provided with appropriate documentation of adequate immunization being completed on schedule. Exclusion from school shall begin five days after the conditional enrollment time period expires. Within these five days, the school shall mail to the last known address of a parent, guardian, or legal-age brother or sister of a student who is without parent or guardian a final written notice of pending suspension and of the student's right to file for an exemption.
Referral to Juvenile Court
Parents or guardians of children who are prohibited from attending school for failure to comply with the provisions of conditional enrollment shall be referred to the juvenile court.
Exemption from Immunization
A student is exempt from receiving the required immunization if there is presented to the school one or more of the following:
A Utah State Medical Exemption form from a licensed health care provider stating that due to the physical condition of the student one or more specified immunizations would endanger the student's life or health.
An official Utah State Personal Exemption form obtained at the local health department where the student resides indicating that the person has a personal belief opposed to immunizations.
An official Utah State Religious Exemption form obtained at the local health department where the student resides indicating that the person is a bona fide member of a specified, recognized religious organization whose teachings are contrary to immunizations. (Utah Code Ann. §53G-9-303).
With respect to any student for whom a school does not have a Utah School Immunization Record, the school shall notify by mail, telephone or in person the parent, guardian, a legal-age brother or sister of a student who is without parent or guardian, or the student if of legal age, at least 30 days before school begins that:
The school has no Utah School Immunization Record for the student.
The school may not admit the student without proof of immunization or evidence that the student qualifies for conditional enrollment or is exempted on medical, personal or religious grounds.
The student may be immunized and receive certification by a private physician or public health authorities.
Immunizations are available from the local health department.
Students moving into Utah during the summer shall be notified of these requirements at the time of first registration.
Each school shall maintain on file an official Utah School Immunization Record for each student or a Utah Department of Health Personal Exemption Form if the student claims a personal exemption. A copy of the certificate shall be made available to the parent or guardian, or the student is of legal age, when the student withdraws, transfers, is promoted, or otherwise leaves the school, or the school shall transfer the certificate with the student's school record to the new school.
The principal shall identify all who have not completed their immunization program as outlined by the State Board of Health and notify the coordinator of Educational Support Services of any students who are excluded from school because of failure to meet immunization requirements.
During the first week of August, elementary schools shall notify middle schools and middle schools shall notify high schools of any incoming students who have not met the immunization requirements.