NCJ Number
108236
Date Published
1987
Length
27 pages
Annotation
This review of legal issues in the education of the child infected with the human immunodeficiency virus (HIV) focuses on the rights of persons infected with HIV, cases involving students with acquired immune deficiency syndrome (AIDS), and the rights of school employees and other students.
Abstract
Case law pertaining to students with HIV and AIDS is sparse, since legal actions have been brought against school districts on behalf of infected students. If such actions are commenced, a number of Federal and State statutes and constitutional provisions may apply. Relevant Federal laws include statutes protecting the rights of handicapped persons, other antidiscrimination statutes, and the equal protection and due process clauses of the U.S. Constitution. State laws that may apply in situations involving infected persons include communicable disease laws, State laws protecting the handicapped from discrimination, and State constitutional provisions against discrimination. School district officials should also be aware of such legal issues as the advisability of testing employees and students for the presence of antibodies to the HIV, the rights of other students and school employees, and the extent of school board liability for injuries to employees or students that may result from the presence of an infected person in the schools. In cooperation with public health officials and members of the community, school district officials should develop a policy that delineates the district's response to infected persons in the schools. 54 footnotes.