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Legal and Policy Aspects of HIV in the School Setting

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Legal and Policy Aspects of HIV in the School Setting

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    1. 1 Legal and Policy Aspects of HIV in the School Setting Arizona Department of Education School Safety and Prevention

    2. 2 Three Components of School HIV Policy Confidentiality and Privacy Rights HIV Education Universal Precautions Training Developed by representatives of ADE, ADHS, and PCHDeveloped by representatives of ADE, ADHS, and PCH

    3. 3 Risk of Transmission? The evidence is overwhelming that the risk of transmitting HIV is extremely low in school settings when current guidelines are followed. The presence of a person living with HIV/AIDS poses no significant risk to others in school, day care, or school athletic settings.

    4. 4 Student Rights A student with HIV infection has the same right to attend school HIV infection does not factor into decisions concerning class assignments, privileges, or participation in any school-sponsored activity. School staff members strive to maintain a respectful school climate and not allow physical or verbal harassment of any individual Eg student with HIV not held to the same standard of other students to complete assignments Eg student with HIV not held to the same standard of other students to complete assignments

    5. 5 Employee Rights An employee with HIV infection 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. Source from the Americans with Disabilities ActSource from the Americans with Disabilities Act

    6. 6 Privacy Rights HIV infected individuals are not required to disclose HIV infection status. School personnel are not allowed to disclose a student’s HIV status without the written consent of the parent. Instead, advise the parent (of the exposed student) to seek medical advice immediately. Are pupils or staff required to disclose if they are HIV positive? (NO) What if someone is HIV positive but doesn’t know it? (THAT IS WHY ALL PEOPLE SHOULD USE UNIVERSAL PRECAUTIONS IN ALL SITUATIONS) Parents often times will give written consent when they are told that there is a legitimate risk of exposure Are pupils or staff required to disclose if they are HIV positive? (NO) What if someone is HIV positive but doesn’t know it? (THAT IS WHY ALL PEOPLE SHOULD USE UNIVERSAL PRECAUTIONS IN ALL SITUATIONS) Parents often times will give written consent when they are told that there is a legitimate risk of exposure

    7. 7 Privacy Rights continued Violation of medical privacy may be cause for disciplinary action, criminal prosecution, and/or personal liability for a civil suit. Records that reference a person's HIV status are to be secured by appropriate safeguards and access to these confidential records is limited to those named in written permission. (Violation of medical privacy) This includes telling other staff members, students, and parents that a student is HIV-infected(Violation of medical privacy) This includes telling other staff members, students, and parents that a student is HIV-infected

    8. 8 Why Implement HIV Prevention Education? The goals of HIV prevention education are to promote healthy behaviors, discourage risky behaviors, and encourage compassion for individuals living with HIV.

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