Students With HIV-Related Illness | Policy 7590

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

Authorization Form for Use/Disclosure of Protected Health Information (HIPPA)

*Human Immunodeficiency Virus that causes AIDS