An analysis of the medical and legal aspects related to the educational placement in the public schools of children with human immunodeficiency virus infection

The purpose of this study has been to examine and analyze the salient medical and legal aspects related to the educational placement of children in public schools with the human immunodeficiency virus (HIV) infection. The study attempts to provide information that will serve as a resource to public school personnel who are among the professionals that must make informed decisions on public school attendance policies for children with a lethal, complex, and controversial disease.

New developments in medicine and in the courts have crucial implications for existing policies and for the development of new policies related to the issue. By examining precedents and patterns in the emerging area of AIDS litigation and legislation, the study serves as a resource for school officials enabling them to make informed proactive decisions.

The methodology used in the study was legal research. Primary and secondary sources of law were utilized. Nonlegal research materials included medical research and data that might serve as evidence in legal disputes concerning the educational placement of children with the HIV infection.

In addition to medical evidence related to educational placement issues, the information gathered for the study included an examination of the state antidiscrimination disease laws, state special education laws, state communicable disease laws, and state and selected local policy statements for sixteen states; an analysis of the relevant legal issues of the Education of the Handicapped Act (EHA) and Section 504 of the Rehabilitation Act of 1973; and an examination of the constitutional issues pertinent to educational placement of children with AIDS. Case law “in point” or “analogous” to the issue was presented. The concluding chapter summarizes the findings from Chapters Two, Three, Four and includes recommendations for decision-making and policy based on the medical and legal information presented.

There is no medical evidence to support the exclusion of children from regular school attendance based on the suspicion of or identification of HIV infection. Awareness of sound medical evidence to support educational decision-making provides a means of projecting a solidly grounded policy to the school population and community at large. Health care precautions should be taken and routine procedures established for the removal of blood and/or body fluids in cases of accident or injury. Routine precautions should be followed by all school personnel regardless of whether an HIV-infected individual is present.