6.61 School Board Employees With HIV AIDS Or Other Communicable Diseases

I. Statement of Purpose

The School Board of Sarasota County does not discriminate on the basis of communicable disease, including HIV infection, or association with another person with a communicable disease. In accordance with the Americans with Disabilities Act of 1990, an employee with a communicable disease is welcome to continue working as long as he or she is able to perform the essential functions of the position, with reasonable accommodation if necessary.

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 person with HIV infection. The written consent must specify the name of the recipient of the information and the purpose for disclosure.

Staff members 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 another staff member. Violation of medical privacy is cause for disciplinary action.

All health records, notes, and other documents that reference a staff member’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 staff member. Information regarding HIV status will not be added to a staff member’s permanent personnel file 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.

IV. Harassment

Staff members will always strive to maintain a respectful school/work climate and not allow physical or verbal harassment of any individual or group by another individual or group. This includes taunts directed against a person living with HIV infection, a person perceived as having HIV infection, or a person associated with someone with HIV infection or any other communicable disease.

Statuary Authority

Law(s) Implemented

History

Notes

1001.41, 1012.22, 1012.23, 1013.12, F.S.

1001.43, 1012.27, 1012.61, 1012.66, F.S.

Adopted: 08/21/01

Revision date(s): 12/10/18

Formerly: New