Access to a quality education free from harassment is a right for all children, including those living with HIV. The rights of HIV-positive students, as well as staff members, in school environments are governed by several laws, including the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA), and numerous state laws. Included in this section are statutes, agency guidelines, international documents, and other materials related to the rights of HIV-positive students and educators to participate in school classes and activities without imposition of unnecessary restrictions or conditions.
United States v. ABC Nursery, Inc., Complaint
The U.S. Department of Justice filed this complaint on behalf of a woman whose nephew was denied placement in a child care center in violation of title III of the Americans with Disabilities Act (ADA). The child was originally offered a place at the center, but was then denied when his HIV-positive status was discovered, forcing his aunt to pay for a babysitter rather than government-subsidized enrollment in a child care center. The complaint seeks a declaration that the center’s actions discriminated against a person with HIV in violation of the ADA, monetary damages for the aunt, and an order prohibiting the center from discriminating against others on the basis of their HIV status. Click here to download.
THE FINE PRINT
Stigma Trumps Science in South Carolina's Treatment of HIV-Positive Youth
by Alison Mehlman
CHLP Director of Planning and Policy Research
More than 25 years into this epidemic, HIV-related stigma and discrimination are still part of many states' policies. More.
School HIV/AIDS Policy Toolkit, Narra Smith Cox for the Wisconsin Department of Public Instruction
This document was produced by the Wisconsin Department of Public Instruction to help local school districts create policies regarding the rights of HIV-positive students and staff, and the responsibilities of schools to support and protect those students and staff. The toolkit includes basic information about HIV, including transmission, disease progression, risk reduction strategies, and HIV testing. The bulk of the toolkit consists of guidance for schools related to the school environment, including infection control, attendance, and confidentiality; HIV/AIDS prevention education; student services, including health care and disease reporting; participation of HIV-positive students in athletic programs; equal employment opportunities for staff; and involvement of families in decision making. Although the toolkit is geared towards school districts in Wisconsin, and focuses on Wisconsin law, the guidance provided in the toolkit is applicable across jurisdictions.
Click here to download.
THE FINE PRINT
The Battle of Normandy: Will Stigma Prevail?
by Margo Kaplan
CHLP Supervising Human Rights Attorney
Reliance on stigma over fact puts teenagers at greater risk by teaching them that avoiding HIV is not a matter of avoiding risky activities but rather avoiding “risky people.” More.