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Students with HIV/Aids

CODE: JLCCA

Maine School Administrative District No. 31


STUDENTS WITH HIV/AIDS


M.S.A.D. #31 has as its primary goal, the provision of quality education in a safe environment for all students.  This policy is to assist school personnel in dealing with students with HIV-related issues.  The information and recommendations that follow are based on recommendations developed by the Department of Human Services, Department of Education, the Center for Disease Control (CDC), and the most current medical knowledge available.  M.S.A.D. #31 will continue to monitor information made available through the Department of Human Services, Department of Education, and the Center for Disease Control.

Public law in Maine guarantees all children that right to an education.  The purpose of this policy is to establish what actions shall be taken in the event that M.S.A.D. #31 is made aware that a student attending school is infected with HIV.

In general, M.S.A.D. #31 shall provide educational opportunities for students infected with IV just as it does for other students.  At any time that M.S.A.D. #31 is concerned that a particular student poses a public health threat to others, advice may be requested from the Bureau of Health.

Current Maine law protects the confidentiality of HIV test results with certain statutory exceptions.  Test results may not be disclosed to anyone other than the Bureau of Health without written consent of parents/guardians.  Records containing information about Human Immunodeficiency Virus test results and consent forms relating to test results shall be kept separate from other school records.  Only those persons given written consent by the student's parents/guardians shall have access.

In the event that a public health threat is perceived by the student's private physician, the Bureau of Health must be notified and will then conduct an evaluation.  If the school is notified of a student infected with HIV by the parents/guardians, and becomes concerned about the safety of that student, or staff, a similar evaluation may be requested.  At any time that M.S.A.D. #31 is concerned that a particular student poses a public health threat to others, advice may be requested from the Bureau of Health.  The superintendent may also consult on a strictly confidential basis with the school unit's attorney.

If the Bureau of Health determines that conditions exist which suggest that a student with a Human Immunodeficiency Virus infection is a health threat to the school community, the Bureau of Health and/or the superintendent shall remove the student from the usual classroom setting until other arrangements can be made or until the Bureau of Health determines that the risks have abated.  The health status of a student temporarily removed from the school setting in order to protect the health of the student or others will be reevaluated at least quarterly by the Bureau of Health.

With written consent of the parents/guardians, the school shall designate an individual or team to:

        A. Serve as the liaison between the school and the students parents, the student's physician and, if necessary, the Bureau of
            Health; and/or
        B. Serve as the supervisor of the health component of the student's educational experience.

Any team member or individual entrusted with the knowledge of a student infected with HIV must, by law, keep his/her knowledge of that child's status confidential, and access to information shall be limited only to those persons authorized in writing by the student's parents/guardians.

Because of the inability to identify individuals who may be infected with Human Immunodeficiency Virus or other agents transmissible through blood and other body fluids, M.S.A.D. #31 shall follow universal precautions for cleaning and disinfecting all body fluid spills.

M.S.A.D. #31 will seek to provide educational programs to inform students and staff regarding AIDS and all other communicable diseases even though there may not be students with infection currently enrolled.

In an instance where this policy requires the consent of the parents/guardians of an HIV infected student, consent must be obtained directly from the student if the student is 18 years of age or older.


First Reading:        05/16/2001
Second Reading:    06/20/2001
Adopted:               06/20/2001