I. Statement of Purpose

A student with HIV infection has the same right to attend school and receive services as any other student and will be subject to the same rules and policies. HIV infection shall not factor into decisions concerning class assignments, privileges, or participation in any school-sponsored activity.

School authorities will determine the educational placement of a student known to be infected with HIV on a case-by-case basis by following established policies and procedures for students with chronic health problems or students with disabilities. Decision makers must consult with the student’s physician and parent, as defined by Florida Statutes, respect the student’s and family’s privacy rights, and reassess the placement if there is a change in the student’s need for accommodations or services.

II. Confidentiality

No information regarding a person’s HIV status will be divulged to any individual or organization without a court order or the informed, written, signed, and dated consent of the parent, as defined by Florida Statutes, of a student with HIV infection (or the student if no longer a legal minor). The written consent must specify the name of the recipient of the information and the purpose for disclosure.

Students are not required to disclose HIV infection status to anyone in the education system. HIV antibody testing is not required for any purpose.

Every employee has a duty to treat as highly confidential any knowledge or speculation concerning the HIV status of a student. Violation of medical privacy is cause for disciplinary action.

All health records, notes, and other documents that reference a student’s HIV status will be kept under lock and key. Access to these confidential records is limited to those named in written permission from the parent, as defined by Florida Statutes. Information regarding HIV status will not be added to a student’s permanent educational or health record without written consent.

III. Civil Rights Protections for Persons with Disabilities

Both HIV infection and AIDS are defined as disabilities, and so federal and state civil rights laws intended to protect the rights of persons with disabilities fully apply.

A student has the right to remain in the regular educational environment – with the assistance of supplementary aids, services, or some other accommodation if needed.

See the Section 504 Policy and Procedures Manual to determine if a student with a disability needs an accommodation.

A full evaluation under either Section 504 or IDEA is not required if neither school officials nor a student’s parent believe the student needs accommodations or services.