Education/ Schools

Access to a quality education free from harassment is a right for all young people, including those living with HIV. The rights of HIV affected students, as well as staff, 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.

This HIV Policy Resource Bank category includes statutes, agency guidelines, international documents, court decisions, and other materials related to the right of students and school staff with HIV to participate in school classes and activities without imposition of unnecessary restrictions or conditions.

Highlighted Resources
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The Role of Public Schools in HIV Prevention: Perspectives from African Americans in the Rural South, Stacy W. Lloyd, et al., AIDS Education and Prevention (2012)

April 15, 2013
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Smith v. Milton Hershey School, Answer with Affirmative Defenses to Defendant’s Counterclaim for Declaratory Judgment, U.S. District Court for the Eastern District of Pennsylvania, AIDS Law Project of Pennsylvania (Feb. 27, 2012)

March 23, 2012
Resources and Related Content
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Convention on the Rights of the Child, 1577 U.N.T.S. 3 (1989)

July 21, 2008
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International Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195 (1969)

July 21, 2008
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The Convention on the Elimination of All Forms of Discrimination Against Women, 1249 U.N.T.S. 13 (1981)

July 21, 2008
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CEDAW, The Treaty for the Rights of Women: Rights That Benefit the Entire Community, Leila Rassekh Milani et al., eds., The Working Group on Ratification of the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (2004)

July 21, 2008
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ADA Title II Technical Assistance Manual (with supplement)

July 9, 2008
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ADA Title II Regulations

July 9, 2008
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Fact Sheet on Women and HIV/AIDS, American Foundation for AIDS Research (amfAR) (2008)

May 12, 2008
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A Guide to Disability Rights Laws, U.S. Department of Justice, Civil Rights Division, Disability Rights Section (March 2017)

August 28, 2007