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Staff with HIV

Alaska

Last Updated: 1/1/2006

04 AAC 06.140 (2002) states that no employee of a public school district may be transferred, suspended, or terminated from employment because the employee has HIV or AIDS. The employee could, however, be transferred, suspended, or terminated if unable to perform the duties of the job in a competent manner or if oozing lesions are visible or other symptoms that increase the risk of transmission of HIV to students or other staff.


Alabama

Last Updated: 3/26/2009

Alabama has no state law or administrative rule that addresses staff with HIV. However, the state department of education guidance document, "Recommended Policies and Procedures Concerning Standard Precautions and Bloodborne Pathogens" [no direct link available] recommends that local education agencies adopt and revise policies and procedures designed to protect the health of students, school personnel, and others in the school environment by addressing the serious issues raised by HIV infection and other bloodborne pathogens, as needed. Local education agencies are strongly encouraged to adopt the sample policy as written in Someone at School Has AIDS, published by NASBE.


Arkansas

Last Updated: 1/2/2006

No state policy.


Arizona

Last Updated: 4/29/2012

Arizona has no state law or administrative rule that addresses staff with HIV. However, the state suggests schools follow the Model HIV Administrative Procedures for Schools document, which is based on Someone At School Has AIDS, published by NASBE.


California

Last Updated: 9/15/2006

California has no state law or administrative rule that addresses staff with HIV beyond the requirements in The Americans with Disabilities Act of 1990. School districts have a legal obligation to determine on a case-by-case basis, based on sound medical information, whether an HIV-infected employee can remain and work in the school environment. Both state and federal law require employers to reasonably accommodate a disabled person. For more information on this topic, refer to California Health and Safety Code §120980 and §121025 (no date available).


Colorado

Last Updated: 1/2/2006
No state policy.

Connecticut

Last Updated: 1/2/2006

No state policy.


Delaware

Last Updated: 1/2/2006
No state policy.

Florida

Last Updated: 4/24/2013

Section 760.01(2) Florida State Statutes (2012) "Civil Rights Act" In accordance with the Florida's Civil Rights Act, individuals with AIDS or HIV should be given the same protection under the Act as a handicapped person.


Georgia

Last Updated: 8/25/2009

State Board of Education Rule 160-1-3-.03 (1990) requires a local unit of administration to determine whether an employee can remain in the work setting based upon risk, as determined by a medical professional.


Hawaii

Last Updated: 1/2/2006

No state policy.


Iowa

Last Updated: 11/30/2008

No state policy.


Idaho

Last Updated: 1/9/2006

No state policy.


Illinois

Last Updated: 1/9/2006

No state policy.


Indiana

Last Updated: 1/16/2006

No state policy.


Kansas

Last Updated: 1/16/2006
No state policy.

Kentucky

Last Updated: 1/16/2006

No state policy.


Louisiana

Last Updated: 1/16/2007

Chapter 11 of Bulletin 741 (2005), outlines procedures for dealing with a student or staff member known to have a communicable disease that cannot be spread by casual contact, such as HIV or Hepatitis B. In Louisiana, a review panel must be established, and meet within 24 to 48 hours to determine whether or not the infected student or staff member should remain in a school setting. A doctor or health administrator must determine if during the period of the review, the staff member can remain in the school setting without posing a serious threat. Among other issues addressed in the policy are the routine procedures for handling blood and body fluids, staff inservice, and confidentiality.


Massachusetts

Last Updated: 1/21/2006

No state policy.


Maryland

Last Updated: 11/20/2006

Maryland has no state law or administrative rule that addresses staff with HIV. However, Executive Order 01.01.1995.19: The Code of Fair Employment Practices (1995) addresses employment discrimination for those with HIV, not specific to a school setting.


Maine

Last Updated: 1/16/2006

No state policy.


Michigan

Last Updated: 1/21/2006

No state policy.


Minnesota

Last Updated: 5/11/2006
No state policy. Refer to the federal Section 504 of the Rehabilitation Act of 1973.

Missouri

Last Updated: 11/27/2011

No state policy. Missouri recommends that local school districts adopt policies such as those contained in its detailed Policy Guidance on Communicable Diseases (2006) document.


Mississippi

Last Updated: 8/17/2008

Code 37-11-17 (1987) allows the State Board of Education or county boards of education to require any teacher or other school district employee to submit a thorough examination to determine whether he or she has any infectious or communicable disease.

State Board of Education Policy JGCC (1997) requires the department of education to develop model guidelines for dealing with HIV infection and communicable disease control.


Montana

Last Updated: 3/10/2010

Montana has no mandatory state law or administrative rule that addresses staff with HIV. However, the Montana Office of Public Instruction and the Montana School Boards Association have jointly published Communicable Diseases: Model Policies and Procedures for HIV Education, Infected Students and Staff, and Work Site Safety" that contains policy language for local school districts to consider.


North Carolina

Last Updated: 9/27/2010

North Carolina has no state law or administrative rule that addresses staff with HIV. However, the state offers a model policy on Communicable Diseases - Employees. They also offer a checklist of suggestions on Components of a Strong School HIV Policy.


North Dakota

Last Updated: 12/27/2011

Code 23-07-16.1 (no date available) requires each school district to adopt a policy "governing the disposition ofemployees of the school district..." The state department of health will adopt guidelines based on the policy that may include procedures of determining under what conditions an employee may not continue attending school.


Nebraska

Last Updated: 1/25/2006

No state policy.


New Hampshire

Last Updated: 6/3/2013

No state policy.


New Jersey

Last Updated: 9/16/2009

N.J.S.A. 10:5-5(q) (1996) and 10:5-29.1 (1984) statutes against discrimination include HIV infection and AIDS under the definition of "handicapped" for protection from discrimination in employment. State Board of Education Administrative Code N.J.A.C. 6A-7 et seq. requires that school districts provide equality in employment and contract practices, regardless of disability among other factors.


New Mexico

Last Updated: 12/27/2011

6.12.2.10 NMAC (2005) requires local school boards, local school districts, and charter schools to implement a policy that will ensure that the rights to privacy of all school employees infected with HIV are protected.


Nevada

Last Updated: 1/25/2006

No state policy.


New York

Last Updated: 9/16/2009

New York has no state law or administrative rule that addresses staff with HIV. However, Public Health Law 2782 (no date available) addresses confidentiality issues within the state in general. No information may be disclosed about the HIV status of any individual without his or her written consent, or the written consent of a minor's parent or legal guardian.


Ohio

Last Updated: 1/30/2006

No state policy.


Oklahoma

Last Updated: 1/30/2006

No state policy.


Oregon

Last Updated: 2/21/2006
OAR 581-022-0705 (1996) directs local districts to adopt policies and/or administrative procedures concerning employees with communicable diseases, including but not limited to Hepatitis B (HBV), Human Immunodeficiency Virus (HIV), and Acquired Immune Deficiency Syndrome (AIDS).

Pennsylvania

Last Updated: 2/18/2006

Office of the Governor Executive Order 4 PA Code §2003-4 (2003) Workplace Policy for HIV/AIDS states that employees of the state must be prepared to work effectively with individuals diagnosed or potentially infected with HIV or AIDS.


Rhode Island

Last Updated: 2/13/2013

Statute 23-6.3-7 (2010) prohibits the disclosure of any individual's HIV test without the written consent of that individual.

The Rhode Island Departments of Education and Health produced Policy Guidelines Relating to HIV/Hepatitis (2011) that addresses non-discrimination, reporting, confidentiality, education, and universal precautions.


South Carolina

Last Updated: 9/29/2010

Contagious and Infectious Diseases:

Code 44-29-200 (no date available) allows any board of education to limit or prohibit the attendance of any employee at any school or school-related activity. This decision must be based on "sound medical evidence" and receipt of a satisfactory certificate is required before a prohibition or restriction is lifted.


South Dakota

Last Updated: 2/18/2006

No state policy.


Tennessee

Last Updated: 3/10/2010

The HIV-AIDS Policy for Employees and Students [SBE 5.300] (2005) outlines the rights and procedures of employees and students diagnosed with having HIV. The policy states, no school system employee diagnosed with HIV infection or AIDS shall be prevented from continuing employment based solely on this diagnosis." Review of employment conditions will be conducted by the superintendent, the employee's physician, and a physician or nurse from the Department of Health.


Texas

Last Updated: 2/18/2006

No state policy.


Utah

Last Updated: 2/8/2012

No state policy.


Virginia

Last Updated: 11/16/2010

Code §32.1-45.1 I (2003) mandates that, "Whenever any person is directly exposed to the body fluids of a school board employee in a manner that may, according to the then current guidelines of the Centers for Disease Control, transmit human immunodeficiency virus or hepatitis B or C viruses, the school board employee whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The school board employee shall also be deemed to have consented to the release of such test results to the person."

Code §32.1-45.1 H also mandates that, "Whenever any school board employee is directly exposed to bodily fluids of any person in a manner which may, according to the then current guidelines of the Centers for Disease Control, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall be deemed to have consented to the release of such test results to the school board employee who was exposed. In other than emergency situations, it shall be the responsibility of the school board employee to inform the person of this provision prior to the contact that creates a risk of such exposure."


Vermont

Last Updated: 2/29/2012

18 VSA 1127 (1987) does not allow any school district to request an applicant, prospective or current student to have an HIV-related blood test, nor shall the applicant or student be discriminated against based on a positive HIV-related blood test result.

Vermont
offers a Sample Comprehensive HIV Policy for Schools: Pre-K12  that contains suggestions regarding staff with HIV infection.


Washington

Last Updated: 1/1/2007

RCW 70.24.105 (1997) states, “no person may disclose or be compelled to disclose the identity of any person upon whom an HIV antibody test is performed, or the results of such a test, nor may the result of a test for any other sexually transmitted disease when it is positive be disclosed.”


Wisconsin

Last Updated: 2/19/2006

No state policy.


West Virginia

Last Updated: 3/14/2012

Board Policy 2423 (1991) requires each of the fifty-five county boards of education to adopt a communicable disease policy that protects individual students, staff members and the school population in general. The rule addresses a concern for unnecessary exclusion from the school setting, and urges counties to be protective of the educational process and the rights, health, and safety of students and staff. Confidentiality requirements, as outlined in FERPA are to be followed, and for a staff member who is known to have HIV, Hepatitis B, and other like diseases, the decision as to whether the affected person will remain in the school setting will be addressed on a case by case basis by a review panel. Also, mandatory screening is not warranted as a condition for employment or continued employment, nor is it legal.


Wyoming

Last Updated: 10/6/2010

Wyoming has no state law or administrative rule that addresses attendance for staff with HIV. The HIV/AIDS Model Policy for Wyoming Public Schools, which is based on NASBE's Someone at School has AIDS, includes recommendations on this topic.


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