JHCCA - Students - HIV, HBV and AIDS**
The district will adhere strictly to policies and procedures in the Oregon Revised Statutes and the Oregon Administrative Rules as they relate to a student infected with HIV or HBV or diagnosed with AIDS.
The district recognizes a parent (student) has no obligation to inform the district of an HIV, HBV or AIDS condition and that the student has a right to attend school.
If the district is informed of such a student, written guidelines shall be requested of the parent (student). These guidelines shall include who may have the information, who will give the information, how the information will be given and where and when the information will be given.
When informed of the infection, and with written permission from the parent (student), the district will develop procedures for formulating an evaluation team. The team shall address the nature, duration and severity of risk as well as any modification of activities. The team shall continue to monitor the student's condition.
Notification of alternative educational programs shall be made to the parent or eligible student, if the student diagnosed with HIV, HBV or AIDS withdraws from school.
The district shall also develop procedures for rumor control, infection control, student accommodations and public relations/media.
Oregon Department of Education and Oregon Health Authority, Communicable Disease Guidance (2017).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2017).
EBC/EBCA - Emergency Procedures and Disaster Plans
HIV – Human Immunodeficiency Virus; HBV – Hepatitis B Virus; AIDS – Acquired Immune Deficiency Syndrome
Program planning team and possible restricted environment:
- A student afflicted with either the AIDS/HIV or Hepatitis B virus shall be allowed to attend school in a regular classroom setting and be afforded all rights, privileges and services provided by law, unless the medical, developmental or behavioral status of the child precludes such placement;
- Decisions regarding other educational settings will be based on the behavior, neurologic development, physical condition of the student and the risk to the student or to others in the school environment;
- When the district is informed that a student is afflicted with AIDS or an HIV-related condition, the superintendent or designee shall convene a planning team composed of district and health department officials and representatives of the student;
- The planning team shall have the following responsibilities:
a. Determine the risk to self and others;
b. If a risk is found to exist, recommend the educational program to be
designed for the student.
5. A student may be removed from the classroom, pending evaluation by the
planning team, if the student has a history of biting, lacks toilet training, has open
sores that cannot be covered or exhibits non-controllable behavior:
a. An educational program decision shall be made within ten school days;
b. An educational program, such as home tutoring, may be provided during
such temporary removal from a classroom setting.
6. A student with AIDS may be excused from the classroom for his/her own protection
when other communicable diseases occur in the school population, with such
decision being made in consultation with the parent and the student's physician;
7. Reevaluation of the need for a restricted environment will be completed regularly
on a schedule established by the planning team.