Mandatory screening for communicable diseases not spread by casual, everyday contact, such as HIV infection, will not be a condition for school entry or attendance.
Administrative Responsibilities
If a student's parents/guardians choose to disclose the child's HIV status, all matters pertaining to that student will be under the direct supervision of the superintendent. Upon disclosure, the superintendent shall:
Request medical records from the parent or legal guardian and the student's physician;
Gather information regarding the student's cumulative school record; and
Meet with the evaluation team designated by the State Department of Education.
The Superintendent, with the cooperation of the State Department of Health and Environment, shall convene an evaluation team following notification to evaluate the student's health status relative to attending school. The evaluation team will consist of the superintendent, the student's physician, a physician or nurse from the Department of Health as designated by the Regional Health Officer, a representative of the LEA (local education agency) as designated by the superintendent, and the student's parent/guardian. A student with AIDS or a HIV-related illness shall be allowed to attend school and participate in activities available to other students, unless the evaluation team determines that the student's medical condition warrants an alternative educational plan.
Because HIV-AIDS infection is a progressive disease, semi-annual medical and educational monitoring will be conducted by the evaluation team.
Appropriate Alternative Educational Programs
An educational program will be developed for each student infected with HIV-AIDS. If the team determines, on a case-by-case basis, that a student is medically unable to attend school a determination of an appropriate alternative program will be made by the team. Any change in the program will be made within the bounds of confidentiality and will rely on the best available scientific evidence and medical advice.
When class removal is warranted, the superintendent, parent/guardian, and the treating physician will develop an appropriate educational program in the least restrictive environment which is medically, legally, and educationally sound. If the HIV-infected student is receiving special education services, these services will be in agreement with established policies. Reassessment of educational placement will be conducted semi-annually.
Confidentially
The identity of a child affected by AIDS or HIV-related illness and all records will be strictly confidential. All medical information, written documentation of discussions and telephone conversations, proceedings and meetings will be kept by the superintendent in a locked file. The team will maintain strict confidentiality of this information and will not be permitted to relay this information to anyone without the written consent of the infected student's parent/guardian. Individuals will be informed of the student's HIV infection on a need to know basis, as decided by the evaluation team, and with the written consent of the parent/guardian if the student is under age. It is a violation of both state and federal law to make unauthorized disclosure of such information in the student's records.1
Liability and Non-discrimination
Decisions on participation in activities which may be medically hazardous to persons with AIDS will be made on a case-by-case basis by the evaluation team used to determine placement of the student.
When a student with AIDS is known to have been exposed to a contagious disease, the parents of the student will be notified immediately by the superintendent, or the LEA representative.
The principal will ensure that an accident report is filed for any accident occurring during the school day. The report will include the person's name, date of the accident, and explanation of the accident, and care used in treating the individual. These reports will be kept in a file in the principal's office for a minimum of one year.
Curriculum
The state AIDS framework and related instructional objectives including Universal Precautions instruction will be utilized in AIDS education and instruction in the schools.
Education and Universal Precautions
AIDS education will be required of all students, unless exempted. All students will be educated in the use of universal precautions.
The system will provide a program on AIDS education for parents and other interested community members. Public health and State Department of Education personnel may be utilized.
Communication
The superintendent will be responsible for all communications on AIDS.
Under no circumstances shall information identifying a student with AIDS be released to the public.