02/10/2015

By: Brittany Flaherty Theis

The current outbreak of measles in different locations throughout the United States has most media outlets buzzing. Measles is a highly contagious viral disease that can cause respiratory, immune system, and skin complications. As of February 5, 2015, five infants and one adult in Cook County had been diagnosed with measles.

The Illinois State Superintendent, in his weekly message, addressed some of the concerns regarding the outbreak of measles throughout the country. Because the disease is airborne and highly contagious, it is important for school districts to be prepared to respond quickly to suspected and confirmed cases of measles. Administrators should ensure their districts adhere to the laws and regulations discussed below. Whitt Law attorneys are prepared to answer questions regarding the appropriate and legally-mandated steps to take in the event a district has a student or employee with a suspected or confirmed case of measles. Discussed below are the steps to take regarding students in the district.

Investigating and Reporting
Personnel at each attendance center who are responsible for investigating absenteeism must report suspect cases of measles to the school principal or nurse. On the same day the report is received, school personnel must conduct an inquiry into absenteeism to determine whether there are any other cases of the illness in the suspect case’s class and school. Within 24 hours, school officials must also make a telephone report to the local health authority specifying the name, age, and sex of any student, along with the student’s private physician (if any).

Students with Measles and Unvaccinated Students
The Illinois Administrative Code mandates that school districts follow the procedures discussed below.

Children with measles are to be kept out of school (or child care facilities) for at least four days after the appearance of the rash. Students, teachers, and other employees who have not received two doses of a measles-containing vaccine are to be excluded from school district facilities until 21 days after the onset of the last reported measles case. A notice shall be sent home with each student who has not presented proof of immunity, explaining that the student is to be excluded until the school receives acceptable proof of immunity or until 21 days after the onset of the last reported case of measles in the school.

Acceptable proof of immunity shall consist of: (1) a written record from the student’s physician or a health professional that indicates dates of vaccination and type of vaccine administered; or (2) a statement from a physician indicating the date when the student had measles; or (3) a laboratory report indicating that the student has a protective measles antibody titer as measured by a test with demonstrable reliability.

It is clear that students excluded from the school during the period of isolation are entitled to educational support services. However, the nature and extent of the educational services provided will be on a student-by-student basis. Whitt Law advises school districts to call us for assistance in determining what services will need to be provided to each student excluded from school.

For the protection of all students, employees and visitors of district facilities, school districts must be careful to comply with the many sections of the Illinois Administrative Code related to measles. Whitt Law attorneys are available to answer questions you may have regarding how to prepare for a possible outbreak within your district, as well as how to respond once a case is suspected or reported. Please contact Whitt Law attorney Brittany Flaherty Theis if you have any questions.

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