Employees with HIV Related Illness | Policy 6190

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.

Revised February 1993

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.

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

**Human Immunodeficiency Virus that causes AIDS