(Adopted Monday, September 13, 2021 School Board Meeting for 21-22 school year to be reviewed as needed)

Student Indicators
Any illness-related absenteeism rate that meets or exceeds 11% at any building or a sudden increase in illness-related absenteeism will result in the actions listed below. Percentage rates will be building-specific.

At an 11% Illness-Related Absenteeism Rate:

• A mandatory mask policy for students and staff will be put into place for a period of

  three calendar weeks or until the rate subsides below 11%.

• Social distancing during the lunch hour for the three-week period or the rate subsides

  below 11%.

• Visitors to the building will be limited and required to wear masks.

• Attendance at activities may be affected based upon guidance from NSAA.

  An illness-related absentee rate of 18% or above will result in a 24-72 hour shutdown of a building to deep clean in addition to the actions implemented for the illness-related absenteeism rate of 11%.

  A sudden increase in a 24 hour period of reported sickness that is over 4% of the specific location’s student population may result in the actions implemented at the absenteeism rate of 11%, depending on the severity of the illness.

*the number of students may differ based upon the current attendance rate at the time of the event

• A staff long-term illness-related absenteeism rate of 11% or above or a sudden increase in

• illness-related absenteeism will result in a mandatory mask policy for students and staff for a

  period of three calendar weeks or until the rate subsides below 11%.

• A staff long-term illness-related absenteeism rate of 18% or above will result in a 24-72 hour

  building-wide shutdown to deep clean deep clean the facilities.

1-007.04 Responsibilities of Schools: School nurses or those acting in the capacity of a school nurse must, in accordance with state and federal statutes: 1. Notify the local public health department or the DHHS Division of Public Health of cases or suspected cases of reportable diseases as indicated in 173 NAC 1- 004.01 and 1-004.02, or outbreaks and suspected outbreaks of diseases as indicated in 173 NAC 1-004.01B affecting students and/or other school-affiliated personnel and which present a reasonable threat to the safety or health of a student and/or other school-affiliated personnel; and 2. Cooperate with public health authorities in obtaining information needed to facilitate the investigation of cases and suspected cases, or outbreaks and suspected outbreaks of diseases affecting students and/or other school-affiliated personnel.

1-007.01 Public Health Interventions, Noncompliance, and Directed Health Measures 1-007.01A Public Health Interventions: The health care provider attending a case or suspected case of a disease requiring isolation, quarantine, or other public health interventions, must make reasonable efforts to prevent the spread of the disease to others and must report the case to the local public health department or the DHHS Division of Public Health. 1-007.01B Noncompliance: Health care providers must report immediately to the local public health department or the DHHS Division of Public Health, the name, address, and other pertinent information for all individuals with diseases requiring isolation, quarantine, or other public health interventions who refuse to comply with prescribed public health interventions. The DHHS Division of Public Health may order a directed health measure as provided in 173 NAC 6, or in the case of tuberculosis, advise the local county attorney for proceedings under the Tuberculosis Detection and Prevention Act.

State Statute 79-526

Class III or IV school district; school board; schools; supervision and control; powers.

(1) The school board or board of education of a Class III or IV school district has responsibility for the general care and upkeep of the schools, shall provide the necessary supplies and equipment, and, except as otherwise provided, has the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the board shall establish with the consent and advice of the State Department of Education. The board shall make provision for pupils that may enter at any time during the school year. The board shall have a record kept of the advancement of all pupils in each branch of study. The board shall make rules and regulations as it deems necessary for the government and health of the pupils and devise any means as may seem best to secure the regular attendance and progress of children at school.

*Mandatory masks policy is allowed if the board of education authorizes it’s obligation through statute 79-526.

School Absenteeism per DHHS

DHHS and local public health departments monitor rates of school absenteeism, as part of the School Illness Absenteeism Surveillance Program. Rates above 11% indicate transmission of illness and show that illness is transmitting in both the schools and community.

State Statute 25-3602.
Terms, defined.
For purposes of the COVID-19 Liability Act:

(1) COVID-19 means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and the health conditions or threats associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom;

(2) Federal public health guidance means and includes written or oral guidance related to COVID-19 issued by any of the following:

(a) The Centers for Disease Control and Prevention of the United States Department of Health and Human Services;

(b) The Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; or

(c) The federal Occupational Safety and Health Administration; and

(3)(a) Person means:

(i) Any natural person;

(ii) Any sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, business trust, estate, trust, unincorporated association, or joint venture;

(iii) The State of Nebraska and any political subdivision of the state;

(iv) Any school, college, university, institution of higher education, religious organization, or charitable organization; or

(v) Any other legal or commercial entity.

(b) Person includes an employee, director, governing board, officer, agent, independent contractor, or volunteer of a person listed in subdivision (3)(a) of this section.

Source

Laws 2021, LB139, § 2.

Effective Date: May 26, 2021 Cross References

Health Care Crisis Protocol Act, see section 71-2701.

State Statute 25-3603.
Exposure or potential exposure to COVID-19; civil action; when permitted.

A person may not bring or maintain a civil action seeking recovery for any injuries or damages sustained from exposure or potential exposure to COVID-19 on or after May 26, 2021, if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure or potential exposure.

Source

Laws 2021, LB139, § 3.

Effective Date: May 26, 2021

Cross References
Health Care Crisis Protocol Act, see section 71-2701.