Should a 14-year-old Hilo High School girl be allowed to attend classes without a tuberculosis test?

Not when you consider the rates of TB in Hawai'i.

While the overall number of TB cases in 2005 has dipped from the previous year, Hawai'i still ranks third in the nation for tuberculosis rates. We used to be first.

In 2005, Hawai'i recorded 8.8 cases per 100,000 people, according to the Centers for Disease Control and Prevention. These numbers show the need for strict adherence to the state's public health rules.

And the rule for public school students is simple: To attend class in Hawai'i, students must take the TB skin test.

The law allows exemptions on immunizations due to religious beliefs, but not in the case of the TB test.

The family of Alena Horowitz, 14, of Hilo High School, challenged the TB testing requirement in court, arguing it is an infringement on their "Judeo-Christian" beliefs.

Initially, Kona Circuit Judge Elizabeth Strance granted a restraining order to prevent the test. But, the judge did the right thing last week in refusing to extend the order.

The public health risk is significant enough that the law must be strictly enforced.

Leonard Horowitz, Alena's father, challenged the law once before, in 2004. That case was also dismissed. He claimed that his daughter has been examined by doctor in Idaho and is free of tuberculosis. That should not preempt the need for a skin test to attend public schools here.

Horowitz says they will pursue home schooling for Alena. In this case, that seems the best option.