Employees with HIV-Related Illness | Policy 5692

The Board of Education recognizes the public concern over the health issues surrounding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection. The Board also recognizes, based upon the current state of medical knowledge, that HIV is not easily transmitted and there is no evidence that HIV can be transmitted by casual social contact in the school setting.

The Board acknowledges the interests of employees diagnosed as having HIV infection or AIDS in continuing their employment, as well as the interests of all students and employees of the school district to learn and work without being subjected to significant risks to their health.

The Board also takes notice that under current law and regulations the disclosure of confidential HIV-related information must be strictly limited.

Accordingly, it is the policy of the Board of Education that no district employee shall be prevented from continuing his or her employment solely on the basis of such information. They are entitled to all rights, privileges, and services accorded to other employees.

In accordance with current law and regulations, it is also the policy of the Board to prevent any employee from being subjected to adverse or discriminatory treatment or stigma solely because he or she has been diagnosed as being HIV-infected or having AIDS.

The Superintendent of Schools is hereby directed to develop administrative regulations in regard to avoid employment discrimination against employees diagnosed as being HIV-infected or having AIDS. The Superintendent also shall implement, and all school personnel shall comply with, guidelines and routine UNIVERSAL PRECAUTIONS procedures which may involve handling of blood and blood spills in or on school premises and grounds. The Superintendent should consult public health officials, as appropriate, for the most current methods and information pertaining to such procedures.

In addition, the Superintendent shall develop and immediately implement in-service education and training for all school personnel concerning AIDS and HIV infection and measures to prevent and manage exposures in the workplace.

Employees with HIV-Related Illness Regulations

If information is received regarding an employee’s HIV status, the Superintendent of Schools may consult with the school attorney on the appropriate course of action to take under the circumstances, bearing in mind the district’s potential liability for defamation, employment discrimination, breach of the confidentiality requirements of Article 27-F of the New York Public Health Law, and other possible causes of action.

Public Health Law, and other possible causes of action.
Confidentiality

Information obtained pursuant to the New York State Health Department’s Authorization for Release of Confidential HIV Related Information form (See form attached) or court order is confidential and shall not be released to anyone, except to (1) persons listed on the said form; (2) persons listed on the court order pursuant to Section 2785 of the New York State Health Law; or (3) persons authorized to receive such information without a release or court order under Section 2782 of the New York State Public Health Law.

AIDS/HIV Testing

No school official shall require any employee to undergo an HIV antibody test or other HIV-related test. This policy shall not, however, preclude school officials from requiring an employee to undergo an examination under Education Law 913 when other illness is suspected, as long as no involuntary HIV antibody test, other HIV-related test, or verbal screening for the presence of HIV infection are part of such an examination.

Standards For Avoiding Employment Discrimination

No disciplinary action or other adverse personnel action shall be taken against an employee solely because he/she has HIV infection or AIDS. Action may be taken against an employee only if he/she is disabled and the disability interferes with his/her ability to perform, in a reasonable manner, the activities involved in the job or occupation.
The district shall make such reasonable accommodation to enable the employee to perform employment duties as may require by Federal or State law.

Authorization for Release of Confidential HIV* Related Information

Confidential HIV Related Information is any information indicating that a person had an HIV related test, or has HIV infection, HIV related illness or AIDS, or any information which could indicate that a person has been potentially exposed to HIV.

Under New York State Law, except for certain people, confidential HIV related information can only be given to persons you allow to have it by signing a release. You can ask for a list of people who can be given confidential HIV related information without a release form.

If you sign this form, HIV related information can be given to the people listed on the form, and for the reason(s) listed on the form. You do not have to sign the form, and you can change your mind at any time.

If you experience discrimination because of release of HIV related information, you may contact the New York State Division of Human Rights at (212) 870-8624 or the New York City Commission of Human Rights at (212) 566-5493. These agencies are responsible for protecting your rights.

  • Name and address of facility/provider obtaining release:
  • Name of person whose HIV related information will be released:
  • Name and address of person signing this form (if other than above):
  • Relationship to person whose HIV information will be released:
  • Name and address of person who will be given HIV related information:
  • Reason for release of HIV related information:

Time during which release is authorized:

From/to:

My questions about this form have been answered. I know that I do not have to allow release of HIV related information, and that I can change my mind at any time.

(Date, signature)

Students With HIV-Related Illness

Preamble

The Board of Education recognizes the public concern over the health issues surrounding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection. The Board also recognizes, based upon the current state of medical knowledge, that HIV is not easily transmitted and cannot be transmitted by casual social contact.

The Board acknowledges both the rights and interests of students diagnosed with HIV infection or AIDS to continue their education, and of non-infected students and employees to be in an environment free of any significant risks to their health. The Board also recognizes that current law and regulations strictly limit the disclosure of confidential HIV-related information without an authorized consent form.

It is the policy of the Board of Education that:

(1) No student’s right to education shall be interrupted or curtailed solely on the basis of such information. As students, they must be afforded the same rights, privileges, and services available to other students.
(2) A parental request to modify the educational program of a student who is infected with HIV must be made to the Superintendent or designee. Alternatively, if school personnel believe, based on the educational performance of a student, that the student requires special education in order to benefit from instruction, a referral to the CSE may be initiated. The referral to the CSE will only contain information specifically regarding the HIV status of a child if parental consent is obtained.
(3) No student shall be discriminated against on the basis that he or she has been identified as HIV-infected or having AIDS.
(4) All students in the school district shall receive instruction regarding the nature, transmission, prevention, and treatment of HIV infection from kindergarten through high school, in an age-appropriate manner unless exempted, pursuant to the Commissioner’s Regulation.

Implementation Plan

The Superintendent of Schools is directed to:

(1) Develop administrative rules that prohibit acts of discrimination against students identified as HIV-positive and that establishes and publishes a formal complaint procedure for resolution of alleged violations of the rule.
(2) Administer an on-going educational program about HIV for students, their families and all school employees, to include:
a. development or update of appropriate HIV curriculum and HIV-related resource materials;
b. provision of mandatory in-service training to all school district personnel regarding school district policies and procedures related to students with HIV infection;
c. provision of mandatory in-service for all school personnel

Adopted:

Revised: February 1993