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Code 16-29-1 (1965) may suspend a child with a communicable or contagious disease from attending any public school if it is determined that the disease will endanger the health of the child or pupils attending the school. The state department of education requests 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 the Someone at School Has AIDS publication, published by NASBE.
No state policy.
Arizona has no state law or administrative rule that addresses students 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 Code of Regulations Title 5, Division 1, Chapter 2, Subchapter 1, Article 1, 202 (no date available) states that a pupil who is infected with a contagious or infectious disease may not remain in any public school.
Both state and federal law require accommodations for disabled persons. It should be noted that there are important confidentiality issues related to disclosing an individual's HIV status or test results. For more information on this topic, refer to California Health and Safety Code 120980.
No state policy.
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.
State Board of Education Rule 160-1-3-.03 (1990) requires a local unit of administration to determine whether a student can remain in the classroom based upon risk, as determined by a medical professional.
Administrative Rule §11-156-6b (2001) states "HIV-infected students do not pose a transmission risk to others in the school setting and therefore shall not be excluded from the school setting based on their HIV status."
No state policy.
No state policy.
Code 16-41-9-3 (1993) allows the local health officer to exclude a student “who has a dangerous communicable disease that (1) is transmissible through normal school contacts; and (2) poses a substantial threat to the health and safety of the school community.
No state policy.
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
No state policy. However, the state does offer a voluntary policy guidance document for local school districts that addresses students with HIV, "Medical Policy Guidelines: Children and Adolescents with HIV Infection/AIDS in School Settings" (1991) [ no direct link available].
No state policy. However, the State Department of Education has produced Guidelines for the Management of Students with HIV Infection in School (2002).
No state policy.
No state policy.
19 CSR 20-20.030 (2003) states that a person suffering from a reportable communicable disease, including AIDS, shall be barred from attending school unless readmitted by one of the following methods: 1) written certification of the person's non-infectiousness is provided by the attending physician; 2) after a period of time equal to the longest period of communicability of the disease; or 3) when local health authorities declare the health emergency ended.
Missouri recommends that local school districts adopt policies such as those contained in its detailed Policy Guidance on Communicable Diseases (2006) document.
Although the state does not have a policy specifically addressing students with HIV. State Board Policy JGCC (1997) does require the department of education to develop model guidelines for dealing with HIV infection and communicable disease control.
Montana has no mandatory state law or administrative rule that addresses students 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.
Code 23-07-16.1 (no date available) requires each school district to adopt a policy "governing the disposition of children attending school with the school district..." The state department of health will adopt guidelines based on the policy that may include procedures of determining under what conditions a child may not continue attending school.
No state policy.
New Hampshire has no state law or administrative rule that addresses attendance for students with HIV. However, the department of education offers a guidance document, “Policy Guidelines to Reduce the Risk of Disease Transmission” [no direct link available], which outline procedures for dealing with HIV-positive students. The New Hampshire Department of Education states that HIV mandatory or random testing for HIV cannot be required by the school district as a condition for entry or attendance at school. In addition, students with HIV/AIDS who are capable will not be restricted from recreational sports, intramural, or interscholastic athletic participation.
Administrative Code N.J.A.C. 6A:16-1.4 (2007) requires that each local district board of education shall approve written policies and programs on a number of topics, including "Assurance that any student with HIV infection or AIDS or who lives with or is related to someone with HIV or AIDS is not excluded from general education, transportation services, extra-curricular activities, athletic activities, assigned to home instruction
Administrative Code N.J.A.C. 8:61-2.1 (2004) prohibits schools from excluding a student from instruction or school services due to HIV infection.
6.12.2.10 NMAC (2005) requires local school boards, local school districts, and charter schools to implement a policy that will ensure all students infected with HIV have appropriate access to public education and that their right to privacy are protected and to further ensure that the rights to privacy of all school employees infected with HIV are protected.
Communicable Diseases NRS 441A.190 (1991) does not permit a student to attend if the health authority of the board of education has determined that the disease requires exclusion from school.
No state policy.
No state policy.
Statute 63-1-502.2 (1992) specifies that the State Department of Health may convene a confidential meeting of a multidisciplinary team to make a recommendation on the school placement of an HIV-positive student.
OAR 581-022-0705 (1996) directs local districts to adopt policies and procedures that address the admission, placement, and supervision of students with communicable diseases, including but not limited to Hepatitis B (HBV), Human Immunodeficiency Virus (HIV), and Acquired Immune Deficiency Syndrome (AIDS).
Consistent with the Pennsylvania Human Relations Act (43 P. S. §§ 951—963), a student may not be denied access to a free and full public education, nor may a student be subject to disciplinary action on account of race, sex, color, religion, sexual orientation, national origin or disability.
Statute 23-6.3-7 (2009) prohibits the disclosure of the results of an HIV test without the written consent of the individual.
The Rhode Island Departments of Education and Health have produced Policy Guidelines Relating to HIV/Hepatitis (2011) that addresses non-discrimination, reporting, confidentiality, education, and universal precautions.
Contagious and Infectious Diseases: Code 44-29-200 allows any board of education to limit or prohibit the attendance of any student 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.
The Tennessee State Board of Education, HIV/AIDS Policy for Employees and Students of Tennessee Public Schools 5.300 (2005) outlines the rights and procedures of employees and students diagnosed with having HIV. The policy allows students infected with HIV/AIDS to attend public school and participate in appropriate educational programs. The policy protects the student by prohibiting school systems from preventing an HIV-infected student from participating in educational or athletic programs on the basis of the diagnosis.
No state policy.
No state policy.
8VAC20-350-420 (1994) states that students diagnosed with a contagious or infectious disease [undefined] shall be excluded from school unless a physician approves attendance.
Code 22.1-271.3 (2003) requires the State Board of Education to work with the State Board of Health to develop and revise model guidelines for school attendance for students infected with HIV, and each local school board must adopt guidelines that are consistent with the state's Model Guidelines for School Attendance for Children with Human Immunodeficiency Virus and the Virginia Department of Health Guidelines for Preventing Bloodborne Infections in Schools. This law also contains an unusual provision apparently designed to allay school employees' fears: Upon notification by a school employee who believes he has been involved in a possible exposure-prone incident which may have exposed the employee to the blood or body fluids of a student, the division superintendent shall contact the local health director who, upon immediate investigation of the incident, shall determine if a potentially harmful exposure has occurred and make recommendations, based upon all information available to him, regarding how the employee can reduce any risks from such exposure. The division superintendent shall share these recommendations with the school employee. Except as permitted by Code 32.1-45.1, the division superintendent and the school employee shall not divulge any information provided by the local health director regarding such student. The information provided by the local health director shall be subject to any applicable confidentiality requirements set forth in Chapter 2 (Code 32.1-35 et seq.) of Title 32.1."
Code 32.1-45.1 mandates that, Whenever any school board employee is directly exposed to body 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 also be deemed to have consented to the release of such test results to the school board employee who was exposedIf the person to be tested is a minor, consent for such testing shall be obtained from the parent, guardian, or person standing in loco parentis of such minor prior to initiating such testing. If the parent or guardian or person standing in loco parentis withholds such consent, the school board may petition the juvenile and domestic relations district court in the county or city where the minor resides for an order requiring such testing."
18 VSA 1127 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 students with HIV infection.
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.”
No specific state policy. However, Statute 118.13 (1997) provides that no person may be denied admission to any public school or be discriminated against in any curricular extracurricular, pupil services, recreational or other program or activity because of their sex, race, religion, national origin, ancestry, creed, pregnancy, marital, or parental status, sexual orientation, or physical, mental, emotional or learning disability. These fourteen characteristics are called protected classes.
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 develop a policy that is protective of the educational process and the rights, health, and safety of students and staff. If a decision is made to exclude a child from school who is HIV positive or has AIDS, the West Virginia Department of Health must make final approval of this decision. Also, mandatory screening for communicable diseases that are not known to be spread by casual contact is not warranted as a condition for school entry, nor is it legal.
Wyoming has no state law or administrative rule that addresses attendance for students 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.
