Policy Code: JHC
Adoption Date: Wednesday, November 18th, 1992
HIV POSITIVE STUDENT OR EMPLOYEE RULES
To establish district standards relating to HIV infection in the schools in order to (a) reduce the risk to susceptible individuals and (b) protect infected individuals against both unreasonable health risks and unnecessary restrictions in activities and associations.
2.1. 26-1-330, (1), (3), (5), (8), Utah Code Annotated 1953
2.2. 26-23-5 & 6, Utah Code Annotated 1953
2.3. R429-802-1, Utah Administrative Code
3.1. Director means the executive director of the Utah Department of Health.
3.2. Employee means Iron County School District employee or person serving as a volunteer with the permission of a school.
3.3. HIV means human immunodeficiency virus.
3.4. HIV Infection means an indication of the presence of human immunodeficiency virus (HIV) as detected by any of the following:
3.4.1. Presence of antibodies to HIV, verified by appropriate confirmatory tests.
3.4.2. Presence of HIV antigen.
3.4.3. Isolation of HIV.
3.4.4. Demonstration of HIV proviral DNA.
3.5. School means any elementary or secondary school, preschool, child-care facility, or head-start program under the direction of the Iron School District.
3.6. School administrator means the person designated by the superintendent to implement this rule.
3.7. School Board means the Iron Board of Education.
3.8. Subject means a person who is the focus of deliberations by a Review Committee.
4.1.1. The identities or other case details of HIV-infected subjects shall not be disclosed to any person other than the members of the Review Committee and the superintendent.
4.1.2. Any person or entity entitled to receive confidential information under this chapter, other than the individual identified in the information, who violates this section by releasing or making public confidential information, is guilty of a class A misdemeanor.
In the school setting, no person shall be discriminated against, or denied activities or associations, based solely upon a diagnosis of HIV infection except as permitted under this policy.
4.3. DISTRICT RESPONSE TEAM
The superintendent will appoint a District Response Team consisting of the superintendent, district health nurse, and a representative for the county health department. They will:
4.3.1. Provide district personnel with accurate knowledge of the basic medical facts about AIDS and HIV, rules relating to the handling of blood and other bodily fluids regardless of any known case of HIV infection in the school.
4.3.2. Establish emergency procedures including procedures for activating the REVIEW COMMITTEE in the event that a student or employee contracts the infection.
220.127.116.11. The REVIEW COMMITTEE is appointed by the superintendent.
18.104.22.168. Will include a school administrator, someone from the Iron County Health Department, the subject's physician, and the subject (or subject's parents or guardian).
4.3.3. Formulate a media plan to handle controversial issues which includes written information to the broader school community through the district newsletter, enlisting the help of the media, and the PTSA.
4.4. PROCEDURE FOR REACHING A DECISION
Procedure for determining if a student or employee has been diagnosed with HIV infection, the school administrator or department head shall convene a Review Committee. (See Section 4.3.2.)
4.4.1. Upon notification that a student or employee has been diagnosed with HIV infection, the school administrator or department head shall convene a Review Committee. (See Section 4.3.2.)
4.4.2. A student or employee infected with HIV shall continue in his/her regular classroom or job assignment until such time as a Review Committee can meet and formulate recommendations.
4.4.3. The Review Committee shall review all pertinent information including current findings and recommendations of the United States Public Health Service, the American Academy of Pediatrics, and the Utah Department of Health; apply that information to the subject and the nature of activities and associations in which the subject is involved with the school; and establish written findings of fact and recommendations based upon reasonable medical judgments and other information concerning the following:
22.214.171.124. The nature of the risk of transmission of HIV relevant to the activities of the subject in the school setting;
126.96.36.199. The probability of the risk, particularly the reasonable likelihood that HIV could be transmitted to other persons by the subject in the school setting;
188.8.131.52. The nature and the probability of any health related risks to the subject;
184.108.40.206. If restrictions are determined to be necessary, what accommodations could be made by the school to avoid excessive limitation on activities and associations of the subject.
4.4.4. The Review Committee shall forward its findings and recommendations to the superintendent without delay.
4.4.5. The school administrator will implement the recommendations without delay.
4.4.6. The school administrator shall immediately advise the subject or, in the case of a minor, the subject's parents or guardian, in writing, of the decision of the Review Committee and that continued participation in the school setting may result in exposure to other communicable diseases.
4.4.7. The school administrator shall review the committee's decision on a regular basis and may reconvene the committee if, in his/her opinion, the facts of the case have changed.
Responsibility for continued participation in the classroom or job assignment, despite potential personal risk, shall be left to the discretion of the subject or, in case of a minor, the subject's parents or guardian.
4.6. APPEALS PROCESS
4.6.1. The superintendent or any member of the Review Committee may appeal the recommendation of the committee by submitting a written appeal within ten (10) school days or 10 work days after receiving notice of the committees recommendations.
4.6.2. If the appellant's concerns relate to medical issues, the appeal shall be submitted to the director of the Utah Department of Health, and the 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.
4.6.3. If the concerns relate to the school's ability to provide an accommodation, the appeal shall be directed to the school board.
4.6.4. The appellant shall submit copies of any appeal to the director, the superintendent, and all other members of the Review Committee.
4.6.5. The director or the school board shall review the findings and recommendations of the committee and any additional information that the director or board finds to be pertinent to the question raised in the appeal, and shall render a final decision in writing within ten (10) school days or the (10) working days (which ever is appropriate).
4.6.6. Copies of the decision shall be sent to the appellant, members of the review committee, and the superintendent.
4.6.7. The superintendent shall implement the decision without delay.
4.6.8. Judicial review of any decision rendered under this section by the director or the school board may be secured by persons adversely affected thereby by filing an action for review in the appropriate court of law.
4.7. SPECIAL PROCEDURES
4.7.1. A superintendent may suspend a subject from school or school employment for a period not to exceed the (10) school days (or work days) prior to receiving the recommendation of a review committee if the superintendent determines that there are emergency conditions which present a reasonable likelihood that suspension is medically necessary to protect the subject or other persons. An employee suspended under this provision will be suspended with pay.
4.7.2. If the subject is unable to obtain the services of a physician to serve on the Review Committee, the local health officer may appoint a licensed physician to provide consultation.
4.8.1. Enforcement provisions and penalties for the violation or for the enforcement of public health rules, including these rules, are prescribed under Title 26 Chapter 23 of the Utah Code Annotated.