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236. AIDS/HIV INFECTION


Date Adopted: November 18, 1985
Date Revised: September 1, 1987, December 17, 1990

1. Purpose
 

  1. The Board of Education is committed to the provision of a healthful environment for its students and employees.

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  3. In fulfillment of that commitment, the Board has and shall continue to seek guidance from appropriate medical, educational, legal and government authorities. This policy statement is the result of such guidance.

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2. Definition
 
  1. AIDS is an acronym for acquired immune deficiency syndrome. As used in this policy AIDS includes all levels of infection, from asymptomatic to AIDS Related Complex (ARC) to full blown or "classic" AIDS, caused by the AIDS virus. This virus has been designated by scientists and medical authorities as the Human Immunodeficiency Virus (HIV).

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3. Authority
 
  1. This policy shall apply to all students and employees in all programs conducted by the School District of Philadelphia.

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  3. School district Management for this disease shall be the responsibility of the Director for Health Services.

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4. Admission
 
  1. Each case shall be considered on an individual basis consistent with the recommendations of the Center for Disease Control.

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  3. A student or employee with AIDS shall be admitted to the classroom or program provided such admission has been approved by a Screening Committee consisting of the Director of Health Services who shall serve as chairperson, a physician named by the Superintendent, and a physician named by the Commissioner of Health of the City of Philadelphia. The Committee shall consult with the attending physician, the child's parent or guardian, and, if necessary, with educational personnel in the proposed placement.

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    1. Decisions shall be based both on the student's susceptibility to other diseases and the student's likelihood of presenting risk of infection to others.
    2. The Screening Committee may make limited waiver of the physician-patient privilege a condition of admission to the extent necessary to protect the patient and others.

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    4. Periodically, the Screening Committee shall review each case to determine current status and make revisions, if necessary, in the original decisions.

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  5. An employee with AIDS shall be admitted to his/her place of employment in accordance with provisions of this section.

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5. Identification and Confidentiality
 
  1. The identity of students or employees with AIDS shall be confidential except to the limited extent provided in Section 4.23.

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  3. All files that include listing of names and other confidential information of those with AIDS shall be kept under strict security by an official named by the Superintendent.

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6. Placement
 
  1. First consideration should be given to returning the student or employee to the regular assignment. Any decision for an alternative placement must be supported by specific data.

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  3. Students diagnosed as having AIDS and unable to attend school as determined by medical examination shall be considered for homebound instruction.

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  5. A student with AIDS may be excused from school attendance if the parent or guardian seeks such excuse based upon medical or psychological advice of those treating the student.

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  7. A student may be excused from school attendance by the Board upon satisfactory evidence of urgent reasons which prevent the student from attending school or application to study. Such an excuse must be approved by the Pennsylvania Department of Education prior to the exclusion.

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7. Education
 
  1. The mandatory elementary , middle, junior high and senior high school courses of study in health education shall be expanded to include instruction about AIDS.

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  3. The Division of Health Services shall develop appropriate administrative guidelines to implement this policy. The guidelines of the United States Center for Disease Control shall be the major reference.

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8. Evaluation
 
  1. The Director of Health Services shall periodically report to the Superintendent regarding the effectiveness of this policy and make recommendations for revision in response to developments in medical research and treatment.

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References:

"Statement of Philosophy Mission and Goals" September 1983

Center for Disease Control MMWR , 10/31/86 Surgeon General's Report on Acquired Immune Deficiency Syndrome

Pennsylvania School Code 24, Section 13-1302

MMWR, 8/30/85

PL 94-142

Reg. 300.5(b) 7 (ii)

Rehabilitation Act Section 504

Pennsylvania Department Education "AIDS Advisory" 10/18/85

Pennsylvania School Code 24, Sections 12-1310; 13-1329;

  1. 1371; 14-1409; 14-1417