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 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
it is determined that an individual is 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 of Education will appoint an HIV
Advisory Committee. The Committee may consist of one member of the Board,
the Superintendent, one principal, one teacher, the Center'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 which 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
|
