A child not immunized or immune from a disease must be excluded from school and school activities when a public health official determines that the child's continued presence in school poses a clear danger to the health of others. The superintendent must exclude the child from school and school activities during the period of danger, or until the child is immunized. If another child attending the same school is infected with, or shows symptoms of, the same disease during the period of danger, the exclusion period for the student who is not immunized or immune must be extended for another full term of the incubation period set forth below.
The following periods are defined as a "period of danger":
In accordance with 20-A MRS §6356(1), the superintendent must make arrangements to meet the educational needs of any child excluded from school for more than ten days. This section does not require the provision of off-site classes or tutoring.
In addition to children who do not meet the immunization requirements of this rule, a superintendent may also exclude from schools and school activities any enrolled child if the child is a suspected public health threat by reason of a communicable disease of the skin, mouth or eyes, in accordance with 20-A MRS §6301. The superintendent must also exclude from public school any enrolled child or employee who has contracted or has been exposed to a communicable disease as directed by a public health official.
The Department of Health and Human Services is authorized to order removal of an enrolled child, in accordance with 22 MRS §806 and the Maine Control of Notifiable Diseases and Conditions Rule at 10-144 CMR ch 258, Section 9(E)(3)(b), in the event of an actual or threatened outbreak of a communicable disease or other public health threat. After a determination is made in accordance with 22 MRS §806(2) that a removed enrolled child is permitted to return, and the public health threat no longer exists, the Department of Health and Human Services will notify the superintendent of that determination.
05-071 C.M.R. ch. 126, § 6