This is an old revision of the document!
Policy JLCCA (also GBGAA and IHAMA)
Students with HIV/AIDS
School Board Approved: June 6, 2005
Preamble
Acquired Immunodeficiency Syndrome (AIDS) is a disease in which the body's immune system
is impaired by the Human Immunodeficiency Virus (HIV). The virus leaves its victim unable to
fight off infections. As a result, persons with AIDS are susceptible to serious secondary
infections, such as pneumonia and certain malignancies. Some, but not all, persons infected with
HIV develop AIDS. To assist the School District and infected persons, the School District has
developed the following policy:
General Principles
HIV is not spread by casual, everyday contact. Therefore, absent a serious secondary infection that may be transmitted to others or a significant health problem that restricts the infected person's ability to attend School, a student who is infected with HIV or AIDS shall attend the School and classroom to which he or she would be assigned, and shall receive the rights, privileges and services to which he or she would be entitled if not infected. Decisions about any changes in the educational program of a student who is infected with HIV or AIDS shall be made on a case-by-case basis.
There shall be no discrimination in employment against a person infected with HIV or AIDS based solely upon said infection. No School District employee shall be terminated, non-renewed, demoted, suspended, transferred or subjected to adverse action based solely upon his/her infection with HIV or AIDS, or the perception that he or she is so infected. However, the School District may take whatever action is appropriate as to an employee who, despite reasonable accommodation, is unable to perform his/her duties due to an illness, including an illness related to HIV or AIDS.
The School District shall provide a sanitary environment and shall establish procedures for handling bodily fluids, pursuant to Section V.
The School District shall administer a program of education about HIV or AIDS for students, their families, and School District employees to ensure that they are informed about the following:
Evaluation of Infected Students and Staff
HIV is not transmitted casually. Accordingly, infection with HIV or AIDS is not, by
itself, sufficient reason to remove a student or staff member from the School. When the
Superintendent has been notified that a student or staff member is infected with HIV or
AIDS, the Superintendent shall act appropriately to ensure the safety of persons in the
School setting and to plan to support the infected person.
When the School District learns that a student is infected with HIV or AIDS, the
appropriate procedures under State and Federal Law with regard to evaluation and
educational programming shall be followed if the student is or may be educationally
handicapped.
When notified that an employee is infected with HIV or AIDS, the Superintendent
shall determine whether the infected person has a significant health problem that
will restrict his/her ability to work and shall determine whether the infected
person has a secondary infection (e.g., tuberculosis) that poses a medically
recognized risk of transmission of disease. The Superintendent shall make this
determination by consulting with the infected person's physician and the infected
person. The Superintendent also may consult with public health officials and
other persons, subject to the confidentiality provisions in this policy. The
Superintendent shall consider methods in which the School District may
anticipate and meet the needs of persons infected with HIV or AIDS.
Absent a secondary infection which creates a medically recognized risk of
transmission of disease, or a significant health problem, which restricts the
infected person's ability to work, the Superintendent shall not alter the job
assignment of the infected person. However, the Superintendent shall
periodically review the case with the persons described in Section II(C) (1).
If the Superintendent determines that a secondary infection poses a medically
recognized risk of transmission of disease in the School setting or that a
significant health problem restricts the infected person's ability to work, the
Superintendent shall consult with the persons described in Section II(C) (1).
After said consultation, the Superintendent shall, if necessary, develop an
individually tailored plan to accommodate the staff member if reasonably
possible. Additional persons may be consulted if necessary for gaining additional
information, but the infected person must approve of the notification of any
additional persons who are informed of the infected person's identity. The
Superintendent may consult with legal counsel to ensure that any official action
is consistent with state and federal law. If an individually tailored plan is
necessary, said plan should be medically, legally, educationally and ethically
sound.
Infected students who are aggrieved by the education plan determinations may appeal
said determinations pursuant to state and federal special education law if the infected
student is eligible for or claims that he is eligible for special education or special
education and related services. Infected persons who do not claim that they are eligible
for special education or special education and related services, but who are aggrieved by
the Superintendent's determinations, may appeal said determinations to the School
Board.
Confidentiality shall be observed throughout the foregoing process.
Confidentiality
The identity of a student or staff member who is infected with HIV or AIDS may be
disclosed to those persons who determine whether the infected person has a secondary
infection that poses a medically recognized risk of transmission of disease in the School
setting or whether a significant health problem will restrict the infected person's ability to
work or attend class. These persons include:
The persons listed in Section III (A) (1) - (2) and the infected person (or his/her parents
or guardians) shall determine whether additional persons need to know the identity of an
infected person. The identity of an infected person shall not be disclosed to persons who
are not listed in Section III (A) without the consent of the infected person, or the infected
person's parents or guardians. The persons to whom the infected person's identity may be
disclosed with the aforementioned consent include the School nurse, the School Principal
or other persons necessary to protect the health of the infected person or to evaluate and
monitor the case.
All staff members who know the identity of persons infected with HIV or AIDS shall
treat said information as confidential. No information shall be divulged directly or
indirectly to any individuals or groups, except as noted in Section III (A) - (B). All
medical information and written documentation of discussions, telephone conversations,
proceedings, and meetings concerning the HIV or AIDS infection shall be maintained in
a locked file. Access to said file shall be granted only to those persons who have the
written consent of the infected person or his/her parents or guardians. The names of
infected persons shall not be used in documents, except when essential. No document
containing the name or other information, which reveals the identity of an infected
person, may be shared with any person for any purposes without the consent of the
infected person or the infected person's parents or guardians. Any School staff member
who violates the confidentiality provisions of Section III shall be subject to discipline.
Test results and medical records shall be disclosed only with the consent of the infected
person (or that person's parent if he is a minor), pursuant to a subpoena or order of a
court or administrative agency, or otherwise in accordance with law.
Testing
Mandatory testing for communicable diseases that are not spread by casual, everyday contact
(e.g., HIV or AIDS) shall not be a condition for School entry or attendance, or for employment
or continued employment.
Control of Infections
HIV cannot penetrate unbroken skin, and there is no evidence that HIV has been
transmitted through contact with vomit, nasal discharge, saliva, urine, or feces. However,
said body fluids commonly transmit infections such as Hepatitis, colds and flu.
Accordingly, direct skin contact with body fluids should be avoided whenever possible.
Staff members shall follow the UNIVERSAL PRECAUTIONS in handling body fluids in
the Schools.
The School District shall cooperate with local, state and federal health agencies in
controlling infections.
Health Education
The School Board recognizes that (HIV) AIDS education should be integrated into the health and
family life curriculum, but may also be applied to other curriculum areas.
The District's (HIV)AIDS education program must address, at a minimum, the nature,
transmission, prevention, and effects of the disease. The program shall be provided in a
sequential manner in all grades, taking into consideration the age and maturity of the students
and the subject matter of the course. Development of the program should take into account the
instructional needs–of all students in the District.
The Superintendent shall ensure that the information presented as a part of the (HIV)AIDS
program is articulated in such a way that transition from grade to grade in the elementary
Schools and from elementary to secondary approaches to the material will be appropriate for all
students.
The Superintendent shall ensure that all staff involved in teaching the (HIV) AIDS education
program are properly certified and adequately prepared to teach the material. As necessary,
appropriate staff, training shall be provided. All employees shall have training in Universal
Precautions.
This policy is duplicative of J-R policy IHAMC. One or the other should be used, but both are
not necessary.
Legal References:
RSA 193:1, Duty of the Parent, Compulsory Attendance by Pupil
RSA 189:1-a, Duty to Provide Education
RSA 186-C, Special Education
RSA 193:3, Change of School or Assignment; Manifest Educational Hardship or Best Interest; Excusing Attendance\\