The South Sanpete Board of Education acknowledges the importance of developing guidelines for the enrollment and placement status of students with HIV infection. The purpose of this Policy is (a) to reduce the risk to susceptible individuals and (b) to protect infected individuals against both unreasonable health risks and unnecessary restrictions in activities and associations. The following Policy statements follow the 1987, U.S. Supreme Court ruling of Infectious Disease, Utah Administrative Code: R388-802-1, and Utah Code 26-1-30 (2).
1. All students diagnosed as having HIV or related complexes shall be treated as a child having a disability. A Review Committee shall be convened to determine the least restrictive environment for the student. Decisions regarding the least restrictive environment and care setting for HIV-infected children shall be based on the behavior, neurological development, and physical condition of the child and the expected type of interactions with others in the setting. These decisions are to be made using the Review Committee which shall also include the child’s physician, public health personnel, the child’s parent or guardian, the principal or his/her designee, and other personnel associated with the proposed care and educational setting. The risks and benefits to both the infected child and to others in the educational setting must be weighed. The Review Committee shall re-evaluate all cases on a continuing basis at least once every six months and more often as circumstances change.
2. Pending recommendation of the Committee, a student who exhibits behavior which increases the likelihood of transmission, exhibits other clinical evidence of infection, or is too ill to attend school, shall have an appropriate alternative educational program provided by the District.
3. Information and identities of HIV-infected students shall nor be disclosed to any person other than the members of the Committee or as otherwise permitted within the Family Educational Rights and Privacy Act. Any person or entity that receives confidential information and then makes it public is guilty of a Class A misdemeanor.
4. The Superintendent, student or any member of the Committee may appeal the recommendation of the Committee by submitting a written appeal within ten (10) school days after receiving notice of the Committee’s recommendations.
A. If the appellant’s concerns relate to medical issues, the appeal shall be submitted to the County or State Health Department Director. The health director or designee may order restrictions on the school-related activities or associations of the subject or may stay implementation of the Committee’s recommendations.
B. If the concerns relate to the school’s ability to provide an accommodation, the appeal shall be directed to the School Board.
C. The appellant shall submit copies of any appeal to the health director, the Superintendent, and other members of the Committee.