10035 - Students Infected with Aids, HIV or ARC

10035 - Students infected with Aids, HIV or ARC                                                  

Students diagnosed as having HIV infection or, ARC, or AIDS, (including clinical evidence of infection with the AIDS- associated virus HIV) and receiving medical attention shall not be prohibited from reporting to school. However, if a student so diagnosed evidences any of the following conditions, the designated chairperson of the Evaluation Committee may convene an Evaluation Committee Meeting for the purpose of making recommendations on the most appropriate alternative for the student:

1. Manifestation of clinical signs and/or symptoms, which indicate progression of illness from covert (HIV infection only) to overt statue (AIDS Related Complex) or from overt status to disability (Acquired Immune Deficiency Syndrome) or from disability to debilitation (last stage disease).
2. Demonstration of risky or harmful behavior to self or others.
3. Unstable or decompensate neuropsychological behavior.
4. Presence of open wound, cuts, lacerations, abrasions, or sores on exposed body surfaces where occlusion cannot be maintained.

Evaluation Committee Responsibilities

1. Review student's medical history and current status.
2. Assess risk-benefit options; then present and discuss student's options with student, as applicable.
3. Reduce findings, options, and recommendations to writing and review draft report before submission to the designated chairperson of the Evaluation Committee, focusing on key issue, unresolved problems, if any, and summary recommendations.
4. Submit written report to the designated chairperson of the Evaluation Committee and remain available as needed.
5. Re-evaluate all existing cases on a continuing basis at least once every six months and more often as circumstances change in the categories listed in I-A through I-E.

The general intent of the Evaluation Committee is to serve as an expert professional resource to advise the designated chairperson of the Evaluation Committee in special situations where information about appropriate environment may not be available, complete, clear or readily amenable to lay interpretation. It is expected that recommendations of the Evaluation Committee shall be based solely upon current medical and employment information consistent with established ethical guidelines and considerations in accordance with the guidelines of the Utah Department of Health and the Central Disease Control and other scientific and relevant professional bodies.

Evaluation Committee Protocol

1. If the designated chairperson of the Evaluation Committee determines that any one of the conditions mentioned above exists, the student in question shall be placed on homebound status for no longer than five (5) school days.
2. Within the five (5) school-day period (equivalent to one calendar week), consent for release of medical information shall be obtained and past medical history, laboratory tests, and other relevant records shall be provided to and reviewed by the Director of the Central Utah Health Department and other physicians as appropriate. Critical medical tests and other procedures shall be conducted during this period by the Director of the Central Utah Health Department or other medical practitioners as warranted.
3. Based on results and medical interpretation of the student's current status, the Director of the Central Utah Health Department (and other consultants as appropriate) shall advise the designated chairperson of the Evaluation Committee within five (5) days if continued homebound status is or is not warranted.    
4. If medical review indicates that continuation of special status is not indicated, the student shall return to regular status at the end of the five (5) school day initial review period or upon the determination of the designated chairperson of the Evaluation Committee, whichever is sooner.
5. If medical review indicates that continuation of special status is indicated, the student shall remain on homebound status for a period not to exceed (15) additional school days (or three more calendar weeks).
6. During the twenty (20) school day review period, the designated chairperson of the Evaluation Committee shall arrange the following steps in preparation for the Evaluation Committee review:
   1. Alert Evaluation Committee of forthcoming meeting to be scheduled.
   2. Obtain written authorization from employee to contact attending physician and others for medical information to the designated chairperson of the Evaluation Committee of Piute School District.
   3. Receive relevant medical information about the employee for Evaluation Committee members only.
   4. Circulate confidential information about the HIV-infected employee to Evaluation Committee member only.
   5. Schedule and notify Evaluation Committee member of initial review meeting, a date, time, and location suitable to all. (To be set up only when complete medical information has been obtained and circulated in advance to all Evaluation Committee members).

In the school setting, no person shall be discriminated against, or denied activities or associations, based solely upon a diagnosis of HIV infection.

G.   Most students with AIDS can attend school in the regular classroom without restrictions.  If a parent or school official believes that a child with AIDS needs related services or placement outside the regular classroom, Section 504 requires an evaluation and placement process to determine the appropriate educational setting for a child with AIDS. However, a full educational evaluation is not required when neither the school officials nor parents believe that a child is in need of special education or related services.

H.       A student with AIDS has a right to confidentiality under FERPA and Section 504.  However, such confidentiality would not affect state and local public health rules regarding the duty of school to report specified diseases to public health departments. However, when reporting any cases of AIDS to public health authorities, schools should convey such information in the same way that information about other diseases is treated.

I.        The Occupational Safety and Health Administration (OSHA) has issued regulations whose purpose is to reduce or eliminate the possibility of an employee or students contracting any of a series of diseases that are spread through blood contact contained in 29 CFR Part 1910.  All school employees should be following OSHA blood-borne pathogen standards when dealing with body fluids.