HIV/AIDS
(HUMAN IMMUNODEFICIENCY VIRUS/
ACQUIRED IMMUNE DEFICIENCY SYNDROME)
General Principles
The Governing Board recognizes that the human immunodeficiency virus (HIV)
and the condition of acquired immune deficiency syndrome (AIDS), which is
caused by the HIV infection, are a significant medical, legal, educational
and social issue. The Governing Board desires to protect the rights of all
students and employees. The Governing Board will work cooperatively with
State and local health organizations in assessing the needs of HIV
infected students or staff and keeping updated on current educational
information to be included in the Educational Service Center's educational
plan.
Current medical information available indicates that HIV cannot be
transmitted from one individual to another by casual, everyday contact;
the type of contact that occurs in the school setting, such as shaking
hands, sharing an office or a classroom, coughing or sneezing, or the use
of drinking fountains. Therefore, students who are infected with HIV shall
attend the school and classroom to which they would be assigned if they
were not infected. They are entitled to all rights, privileges and
services accorded to other students. Decisions about any changes in the
educational program of an HIV infected student shall be made on a
case-by-case basis, relying on the best available scientific evidence and
medical advice.
There shall be no discrimination of employees who are HIV infected. The
Educational Service Center will provide equal opportunities for
employment, retention, and advancement for all staff members. Employees
who are unable to perform their duties due to an illness, such as those
related to HIV, shall retain eligibility for all benefits that are
provided for other employees with long-term diseases or disabling
conditions, utilizing the information/rights in any negotiated agreements
or Governing Board policies as appropriate. A change in employment status
or location due to HIV complications will be made on a case-by-case basis.
Evaluating Students and Staff Who Are Infected with HIV
The Superintendent will be the designee regarding all HIV incidences. When
an individual is found to be infected with HIV, the Superintendent shall
determine whether the person has a secondary infection, such as
tuberculosis, that constitutes a recognized risk of transmission in the
work or school setting. This is a medical question and the Superintendent
shall answer by consulting with the infected person's physician, a
qualified public health official who is responsible for such
determination, and the infected person and a student's parent or guardian.
This group shall also
discuss ways that the Educational Service Center may help anticipate and
meet the needs of the
student or staff member infected with HIV.
If there is no secondary infection that constitutes a medically recognized
risk of transmission in the school setting, the Superintendent shall not
alter the education program or job assignment of the infected person.
However, the Superintendent shall periodically review the case with the
infected person (and the student's parents or guardians) with the medical
advisors described above.
If there is secondary infection that constitutes a medically recognized
risk of transmission, the Superintendent shall consult with the physician,
public health official, and the infected person (and the student's parents
or guardians). If necessary, they will develop an individually tailored
plan for the student or staff member. Additional persons may be consulted,
if this is essential for gaining additional information, with the consent
of the infected staff member or the student's parents/guardians. The
Superintendent should consult with the attorney to make sure that any
official action is consistent with State and Federal law. When the
Superintendent makes a decision about the case, there shall be a fair and
confidential process for appealing the decision.
If an individually tailored plan is necessary, it shall have a minimal
impact on either education or employment. It must be medically, legally,
educationally, and ethically sound. The
Superintendent will periodically review individual cases and will oversee
implementation of the plan in accordance with local, State, and Federal
laws.
Confidentiality
Information regarding a student or staff member infected with HIV is
classified, by law, as confidential. Thus, those individuals who have
access to the proceedings, discussions, or documents must treat such
information as confidential. Only with the written consent of the staff
member or the student's parents or guardians shall other Educational
Service Center personnel, individuals, and agencies be informed of the
situation/condition. All information pertaining to the case shall be kept
by the Superintendent in a locked file; access to this file will be
granted only to those people who have the written consent of the infected
staff member or the infected student's parents or guardians.
HIV Advisory Committee
The president of the Governing Board will appoint an HIV Advisory
Committee. The Committee may consist of one member of the Governing Board,
the Superintendent, one principal, one teacher, the District's legal
counsel, the district physician and a doctor who specializes in
communicable diseases. The functions of the HIV Advisory Committee will be
as follows:
1. to keep informed regarding the latest medical developments and
information regarding HIV;
2. to advise the Governing Board regarding policies and regulations and
any changes that the Committee recommends in such policies to the Board;
3. to advise the Governing Board regarding the HIV education program;
4. to develop guidelines for Governing Board consideration on hygienic
practices in schools and
5. to assist any student, parent or employee who is seeking information
about HIV.
HIV Education Program
The Governing Board directs the administration, with the advice of the HIV
Advisory Committee, to develop a program for educating persons regarding
HIV. The program should provide a plan for making information about HIV
available to students as a part of the health curriculum. HIV education
will be developmentally appropriate to the grade level.
The Governing Board directs the administration to develop an educational
plan to inform employees about HIV related issues and safety. In
developing such programs, it is expected that information from sources
such as the National Centers for Disease Control, the Ohio Department of
Health and the Ohio Department of Education will be utilized.
The educational program should ensure that, at a minimum, students and
staff are informed in a consistent manner about:
1. the nature of HIV infection, including how it is and is not transmitted
according to current scientific evidence;
2. guidelines related to students and employees with diseases such as HIV
infection;
3. resources within the Educational Service Center and the surrounding
community for obtaining additional information or assistance and
4. procedures to prevent the spread of all communicable diseases.
[Adoption date: June 21, 2001]
LEGAL REFS: ORC 3313.67; 3313.68; 3313.71
3319.321
3701.13; 3701.14
3707.06; 3707.08; 3707.20; 3707.21; 3707.26
3709.20; 3709.21
CROSS REFS: AC, Nondiscrimination
ABC, Nondiscrimination on the Basis of Handicap
EBBC, Bloodborne Pathogens
GBA, Equal Opportunity Employment
JB, Equal Educational Opportunities
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