# Title 33 — State Department of Health

## Article 33-06 — Reportable Conditions

## Chapter 33-06-05.2 — Students with Significant Contagious Diseases

### § 33-06-05.2-01. Student attendance.

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.
History: Effective January 1, 1991.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 15-34.1-03, 23-01-03, 23-07-16, 23-07-16.1
### § 33-06-05.2-02. Confidentiality.

Unless disclosed by the affected person, their parent or guardian, or their personal physician, no
individual may be informed of an affected individual's infection. In order to eliminate discrimination, the
local governing body should develop policies concerning the comprehensive application of universal
precautions throughout the institution.
History: Effective January 1, 1991.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16, 23-07-16.1
### § 33-06-05.2-03. Individual student needs.

If an affected student is unable to participate in regular classroom instruction, either reasonable
accommodations, special provisions, or an individualized education program will be provided.
History: Effective January 1, 1991.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 15-47-38, 23-01-03, 23-07-16, 23-07-16.1
