Policy Glen Ridge Board of Education
8453 HIV/AIDS
The
Board of Education will comply with rules of the State Board of Education and
the State Department of Health with regard to the admission and employment of
persons who may be diagnosed with Acquired Immune Deficiency Syndrome (AIDS) or
infected with Human Immunodeficiency Virus (HIV). "AIDS" means a condition affecting
a person who has a reliably diagnosed disease that meets the criteria for AIDS
specified by the Center for Disease Control of the United States Public Health
Services. “HIV infection" means
infection with the human immunodeficiency virus or any other related virus
identified as a probable causative agent of AIDS. Laboratory results indicative
of infection with HIV shall mean laboratory results showing the presence of HIV
or components of HIV, or laboratory results showing the presence of antibodies
to HIV, or results from laboratory tests conducted to measure the presence of
HIV RNA (viral load tests), such as quantitative PCR tests.
AIDS
or HIV infection shall not be considered a communicable disease for purposes of
admission to or attendance in a school or for eligibility for educational
transportation.
In
accordance with N.J.A.C. 6A:16-1.4(a)8, no person, pupil or employee, will be
excluded from school solely because he/she is infected with HIV or lives with
or is related to a person infected with HIV.
Pupils infected with HIV, including those who may be symptomatic or
diagnosed with AIDS, may be excluded from school only as a pupil not infected
with HIV or diagnosed with AIDS may be excluded from school. A school employee infected with HIV may be
restricted in his/her employment only if the employee has another illness that
would affect his/her employment.
Any
pupil excluded from the regular school program will be provided with home
instruction in accordance with rules of the State Board of Education and Policy
No. 2412.
No
pupil, staff member, or visitor may attend or visit school if he/she has an uncoverable and/or uncovered weeping skin lesion, whether
or not the person has been screened for HIV.
It
is not required that anyone in the school be especially notified that an
HIV-infected pupil or employee is present.
School employee physicals, student physicals and athletic physicals do
not require disclosure of HIV status.
Records of health and medical examinations should not include
information about an individual’s infection with HIV. Therefore, HIV/AIDS status is an exception to
records required pursuant to student physical examinations, N.J.A.C. 6A:16-2.2,
and school employee physical examinations, N.J.A.C. 6A:32-6.1 et seq. In the event the school nurse or a school
official is apprised that a pupil or employee is HIV-infected, the fact of the
infection will be held in strict confidence and will not be classified as a
communicable disease for admission, local health reporting or educational
transportation.
Information
that identifies a pupil as having an HIV-infection or AIDS shall be shared only
with prior written informed consent of the pupil age twelve or greater, or of
the pupil's parent(s)/legal guardian(s) as required by N.J.S.A. 26:5C-1 et seq.
and only for the purpose of determining an appropriate educational program for
the pupil. The person who receives such
information shall not reveal it to any other person without the express written
consent of the minor pupil’s parent(s) or legal guardian(s), or the adult
pupil.
The
Board shall annually provide pupils, parent(s) or legal guardian(s), staff
members, school volunteers, and members of the community with information
intended to increase awareness of HIV and AIDS, including information regarding
the nature of the disease and its prevention.
The Board will cooperate with other agencies to provide HIV/AIDS awareness
information to the community.
N.J.S.A.
26:5C-5; 26:5C-6; 26:5C-7; 26:5C-8; 26:5C-9; 26:5C-10; 26:5C-11; 26:5C-12;
26:5C-13; 26:5C-14
N.J.A.C.
6A:16-1.3; 6A:16-1.4; 6A:16-1.5; 6A:16-3.2; 6A:32-9.1
N.J.A.C.
8:57-2.1 et seq.
Adopted:
Revised: 28 June 2004
Revised: 25 September 2006