Student Who Fought TB Exam is Back in School

Alena Horowitz gets to go back to school -- at least for the next week.

A Kona judge ruled Wednesday that the Hilo High School freshman can go back to school even though she refused to take a tuberculosis skin test.

Circuit Judge Elizabeth A. Strance decided Horowitz was suffering "irreparable harm" by being kept out of school while the court decides whether she must have the test to stay in school. The next hearing on the matter is Oct. 12, the same day the temporary order to allow her in school ends.

Horowitz, 14, and her father, Leonard, object to the test on religious grounds and contend it can be hazardous to a person's health. They point out that a religious exemption is given for immunizations and maintain that the TB skin test is an immunization.

The state Department of Health sees things differently, however, and mandates TB testing for all public school students. The test is given by injecting tuberculin under a person's skin and later checking for a reaction. The United States Centers for Disease Control and Prevention does not consider the test to be an immunization.

Leonard Horowitz is an adamant opponent of vaccines -- including the polio vaccine -- and has written several books on the subject. He points out that his daughter is healthy and has a note signed by an Idaho doctor stating Alena is tuberculosis-free. Horowitz believes the disease can be detected by a physical examination.

Horowitz also believes the test can cause negative side effects and that false-positive results can lead to unnecessary treatments that also can do harm. Further, he points to federal CDC documents that state "low-risk" populations may not need the test.

"There's no threat to the public," said Gary Zamber, an attorney representing the Horowitz family. "In fact, she's a real asset to the school."
Dr. Jesse Wing, a CDC doctor who heads Hawaii's TB Control Program, said the test can find TB when a physical examination cannot.

The Horowitzes filed a lawsuit soon after Alena was expelled Sept. 1. Her father said she is a straight-A student and a member of Hilo High's varsity cross country team.

Hilo High Principal Robert Dircks has said he has no choice but to follow the instructions of the Department of Health.

Alan Schnepf can be reached at aschnepf@hawaiitribune-herald.com.