FDAE – Student Infected with AIDS, HIV, or ARC


Students Infected with AIDS, HIV, or ARC

Students Infected with HIV, AIDS or ARC—

In the school setting, no person shall be discriminated against, or denied

activities or associations, based solely upon a diagnosis of HIV infection.

Most students with AIDS can attend school in the regular classroom without

restrictions. If a parent or school official believes that a child with AIDS needs

related services or placement outside the regular classroom, Section 504 requires

an evaluation and placement process to determine the appropriate educational

setting for a child with AIDS. However, a full educational evaluation is not required

when neither the school officials nor parents believe that a child is in need of special

education or related services.

A student with AIDS has a right to confidentiality under FERPA and Section

504. However, such confidentiality would not affect state and local public health

rules regarding the duty of school to report specified diseases to public health

departments. However, when reporting any cases of AIDS to public health

authorities, schools should convey such information in the same way that

information about other diseases is treated.

The Occupational Safety and Health Administration (OSHA) has issued

regulations whose purpose is to reduce or eliminate the possibility of an employee or

students contracting any of a series of diseases that are spread through blood

contact contained in 29 CFR Part 1910. All school employees should be following

OSHA blood-borne pathogen standards when dealing with body fluids.