Contagious and Infectious Diseases: Human Immunodeficiency Virus (HIV)/Acquired Immuno-Deficiency Syndrome (AIDS) 5-56.1

School Board of the City of Virginia Beach
Regulation 5-56.1


Human Immunodeficiency Virus (HIV) and Acquired Immunity Deficiency Syndrome (AIDS)

The following procedures will serve as guidelines for ensuring the rights of students who have AIDS or are infected with HIV.

  1. Identification and Preliminary Review
    1. An adult student or the parent(s) or guardian(s) of a Virginia Beach City Public School student who has a medical diagnosis by a physician as having an HIV-related condition is encouraged to notify the principal, or other school official, that such a condition exists.
    2. Mandatory screening for HIV infection is not warranted as a condition for school entry. Upon learning that a student is HIV infected or has AIDS, the division superintendent or his designee will consult with the individual's family physician, or a health official from the local health department to determine whether the student is well enough to stay in school. Unless the health status of the student interferes significantly with the student's current classroom assignment, the school division will support the student's regular attendance in school. If recommended by health officials, the principal shall provide temporary alternative educational arrangements pending review. Temporary alternative arrangements shall continue until all pertinent information is obtained and a comprehensive review process is completed in accordance with Virginia Beach City Public Schools Administrative Guidelines Governing Section 504. Any temporary exclusion, however, shall not exceed ten (10) days. If the HIV student is already receiving special education services, the service will be in agreement with established policies.
    3. The principal or designee shall:
      1. Confer with the adult student or the student's parent(s) or guardian(s) prior to implementing alternative arrangements.
      2. Provide the adult student or the parent(s) or guardian(s) with a copy of the policy and regulation.
      3. Notify the adult student or the parent(s) or guardian(s), orally and in writing in their primary language, if feasible, of the educational options being implemented.
      4. Ensure that appropriate instructional activities will be provided to the student.
    4. The superintendent shall:
      1. Inform the School Board annually regarding any temporary alternative arrangements provided for students.
      2. Ensure that school personnel cooperate with public health personnel in completing and coordinating immunization data, exemptions, and exclusions and collaborate with public and private organizations in the provision of support services to HIV-infected students as required by the Model Guidelines for School Attendance for Children with HIV.
      3. Ensure that individuals will be informed of the situation on a "need-to-know" basis with written consent of the parent(s), guardian(s), or adult student, as provided below.
  2. Identification, Evaluation, and Placement
    1. The form, "Release of Information for Medical Conditions," is to be initiated by the first Virginia Beach City Public Schools staff member informed by a parent, guardian, or adult student of a student's HIV condition. (See attachment.) The staff member shall secure written consent to share knowledge of the student's diagnosed HIV condition for himself or herself, and/or the division superintendent, Associate Superintendent for Curriculum and Instruction, the Director of Programs for Exceptional Children, the Coordinator of Health Services, the Director of Student Leadership, the principal of the student's school, the Section 504 Coordinator, the school health nurse, the clinic room aide, the guidance counselor, the student's teacher(s), and other staff that the parent, guardian, or adult student deem appropriate. No information may be shared with other individuals or staff members unless authorized by the parent in writing.
    2. The student with an HIV-related condition shall be referred to a local screening committee in accordance with the Virginia Beach City Public Schools Administrative Guidelines Governing Section 504. Local screening committee membership shall be limited to those individuals for whom written consent to share knowledge has been received as requested above. In addition to the local school personnel, the superintendent shall appoint to this committee a representative of the Virginia Beach City Health Department, designated by the Director of Health; a representative of Virginia Beach City Public Schools designated by the superintendent; a mental health professional; an independent medical expert; and others deemed appropriate to the review. The committee shall convene after gathering all pertinent information necessary to determine the appropriate status of the student, including medical records provided by the student's family and physician.
    3. The student, the student's parent(s) or guardian(s), the student's physician, and the student's attorney may attend the review and provide information for the panel's consideration. All information shared with the panel shall be confidential.
    4. The local screening committee shall make determinations as provided for by the Virginia Beach City Public Schools Administrative Guidelines Governing Section 504. The decision shall include provision for:
      1. Information regarding the availability of counseling for the student and the student's family.
      2. Monitoring of the student's condition.
      3. Reconsideration upon receipt of new information at a later date.
      4. Further collaboration with public and private organizations in the provision of support services to HIV-infected students.
      5. Consideration of a referral to the Child Study Team as a suspected student with a disability as defined by the Individuals with Disabilities Education Act.
  3. Rights of Student(s) and Parent(s) and Compliance with Confidentiality

    Persons involved in the implementation and monitoring of this policy shall maintain confidentiality of records in compliance with state and federal law and school board policy and regulation. The number of personnel aware of the student's medical condition shall be kept at the minimum needed to ensure implementation of this policy and to ensure appropriate educational and health services are provided to the student. All persons privileged with any medical information about HIV-infected students shall be required to treat all proceedings, discussions, and documents as confidential information. Students who are HIV-infected, and as a result thereof need or are believed to need special instruction or related services, have a system of procedural safeguards which includes notice; an opportunity to examine relevant records; an impartial hearing with opportunity for participation by the student's parent or guardian and representation by counsel; and a review procedure, with respect to actions regarding the identification, evaluation, or educational placement of such students.

Approved by Superintendent: July 16, 1991
Revised by Superintendent: October 19, 1993
Revised by Superintendent: July 31, 2001