Swine Flu Update

In this time of uncertainty about the magnitude and potential spread of the H1N1 swine influenza, we offer the following suggestions and information:

• Communicable Disease Policy & Procedures: Locate and review the Board of Education’s communicable disease policy and procedures in consultation with nurses at schools.
  
• American Red Cross/ County Health Department Agreements: Determine whether your school district has previously entered into an agreement authorizing the American Red Cross or County Health Department to use school facilities as mass care shelters (which may become relevant for the dispensation of vaccines, anti-viral medications, etc.).
  
• Use of Hand Sanitizers: Consider installing hand sanitizing stations in cafeterias. Some school districts ban the use of hand sanitizers because of their alcohol content and the propensity of some students to ingest liquid sanitizers. Use your judgment on this issue depending on the unique needs of your student population.
  
• Labor & Employment Issues: The fear of a potential swine flu outbreak is already raising many new legal questions about staff absences, use of sick days to care for ailing children and other family members, return of staff members from traveling abroad, and how to handle salary and wage issues in the event of a school closure, among other issues. We are already working with school districts to address a multitude of employment issues associated with a potential outbreak.
  
• Student issues: The fear of a potential outbreak is also raising concerns about continued attendance of students who have recently traveled to locations experiencing H1N1 outbreaks and of students with siblings and family members with confirmed cases of the virus. These issues should be addressed on a case by case basis and in consultation with the school district’s legal counsel.
  
• School dismissal: The Centers for Disease Control (“CDC”) and the Illinois Department of Public Health recommend that schools strongly consider dismissing students in the event of a confirmed or suspected case of swine flu that is linked to a confirmed case. Decisions regarding dismissals from other schools and child care facilities within these communities, however, should be left to local authorities based on the extent of the illness in the community. We have already prepared school dismissal and reopening letters in the event an outbreak strikes your district. If schools must dismiss students or close, the CDC recommends that the school also cancel extra curricular activities, athletic gatherings, etc., and consider the severity of the outbreak before reopening school. The CDC recommends that any school subject to closure consult with their local or state health departments for guidance in the event of an outbreak. Likewise, the U.S. Department of Education is directing any school or school district that determines the need to close to contact the Office of Safe and Drug Free Schools.
  
• State aid: Many school districts in Illinois experienced a greater than average number of snow days, resulting in extensions of school days through mid-June. We are working closely with the State and education groups in Illinois and have drafted emergency legislation allowing school districts to receive State aid for school days that are cancelled due to a health epidemic, even in situations where missed school days cannot practically be made up in June. We will communicate the status of our draft legislation to you as it develops.

School District Resources:

On May 5, the Centers for Disease Control and Prevention issued an Update on School (K – 12) and Childcare Facilities which provides updated interim guidance for schools and childcare facilities regarding the prevention of the spread of novel influenza A (H1N1) virus and the CDC's recommendations. At this time, CDC recommends the primary means to reduce spread of influenza in schools is to focus on early identification of ill students and staff, staying home when ill, and good cough and hand hygiene etiquette. Decisions about school closure should be at the discretion of local authorities based on local considerations, including public concern and the impact of school absenteeism and staffing shortages.

We have attached a copy of the U.S. Department of Education’s Frequently Asked Questions concerning influenza outbreak. This guidance was updated on April 29, 2009 at 6:00 p.m.

• U.S. Department of Education's Guidance (updated)
• CDC guidance

The U.S. Department of Education is encouraging school districts to take appropriate responses to confirmed cases of swine flu, and to use common sense and courtesy for dealing with potential outbreaks. Franczek Radelet is already working with many school districts to develop best practices for dealing with potential swine flu outbreaks and to address the legal issues associated with this unique situation. Do not hesitate to call the Franczek Radelet attorney you work with for more information and advice.

Employer Resources:

The Occupational Safety and Health Administration (OSHA) has developed pandemic influenza planning guidance based upon traditional infection control and industrial hygiene practices. It is important to note that there is currently no pandemic; thus, this guidance is intended for planning purposes and is not specific to a particular viral strain. Additional guidance may be needed as an actual pandemic unfolds and more is known about the characteristics of the virulence of the virus, disease transmissibility, clinical manifestation, drug susceptibility, and risks to different age groups and subpopulations. Employers and employees should use this planning guidance to help identify risk levels in workplace settings and appropriate control measures that include good hygiene, cough etiquette, social distancing, the use of personal protective equipment, and staying home from work when ill. Up-to-date information and guidance is available to the public through the www.pandemicflu.gov website.

We will continue to provide you with timely information as this situation develops.