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Barre Town Supervisory
District Policy Manual
TITLE: Students with
HIV/AIDS CODE: JLCCA
AIDS or HIV
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Policy
It is the policy of the Barre Town School District to tolerate no
discrimination against students or employees who may be afflicted with
AIDS or HIV and to provide appropriate education to students about this
disease.
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Background
The Human Immunodeficiency Virus (HIV) is not transmitted through casual
contact and, therefore, is not reason in itself to treat individuals
having or perceived as having HIV differently from other members of the
school community. Accordingly, with respect to HIV disease, including
acquired immune deficiency syndrome (AIDS), the Barre Town School
District recognizes the:
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rights of students and employees with HIV;
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importance of maintaining confidentiality
regarding the medical condition of any individual;
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importance of an educational environment
free of significant risks to health; and
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necessity for HIV education and training
for the school community and the community-at-large.
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General Provisions
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The school District shall not discriminate
against or tolerate discrimination against any individual who has or
is perceived as having HIV.
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A student who has or is perceived as
having HIV is entitled to attend school in a regular classroom, unless
otherwise provided by law, and shall be afforded opportunities on an
equal basis with all students.
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No applicant shall be denied employment
and no employee shall be prevented from continued employment on the
basis of having or being perceived as having HIV. Such an employee is
entitled to the rights, privileges, and services accorded to employees
generally, including benefits provided school employees with long-term
diseases or disabling conditions.
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Confidentiality, Disclosure, Testing
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A student or student’s parent/guardian, or
an applicant/employee, may, but is not required to, report HIV status
to any school personnel.
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Except as otherwise permitted by law, no
school personnel shall disclose any HIV-related information, as it
relates to prospective or current school personnel or students, to
anyone except in accordance with the terms of a written consent. The
Superintendent shall develop a written consent form which details the
information the signatory permits to be disclosed, to whom it may be
disclosed, its specified time limitation, and the specific purpose for
the disclosure. The School District shall not discriminate against any
individual who does not provide written consent.
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No school official shall require any
applicant, employee, or prospective or current student to have any
HIV-related test.
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The Superintendent shall develop
procedures which ensure confidentiality in the maintenance and, where
authorized, dissemination of all medically-related documents.
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Education and Instruction
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HIV is not, in itself, a disabling
condition, but it may result in conditions that are disabling. To the
extent that a student who has HIV is determined to meet the criteria
for eligibility for accommodations under state and federal
non-discrimination laws or for special education services, the School
District shall meet all procedural and substantive requirements.
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The School District shall provide
systematic and extensive elementary comprehensive health education
which includes education in HIV infection, other sexually transmitted
diseases as well as other communicable diseases, and the prevention of
disease, as required by law.
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Exposure to Bloodborne Pathogens and Universal Precautions
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The School District shall comply with
applicable Vermont Occupational Safety and Health Administration (VOSHA)
rules in order to protect employees who are reasonably anticipated to
be exposed to bloodborne pathogens as part of their regular job
duties.
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The superintendent or his/her designee
shall determine those employees (by job class and possibly by task or
procedure) who are reasonably anticipated to have occupational
exposure to blood or other potentially infectious materials as part of
their duties. These employees will be protected in strict accordance
with the provisions of the Bloodborne Pathogens Standard.
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Enforcement
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A person who violates this policy may be
subject to remedial and/or disciplinary action in accordance with
applicable laws, collective bargaining agreements, policies, and/or
disciplinary codes.
Date Adopted: 4/27/88
1st Reading: 11/6/02
2nd Reading: 11/20/02
Date Revised:
Date Effective:
Legal Reference(s):
Cross References:
Date Distributed:
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