8453.01 - STUDENTS AND EMPLOYEES DIAGNOSED WITH HIV1

Upper Arlington City School District

Administrative Guidelines

8453.01 - STUDENTS AND EMPLOYEES DIAGNOSED WITH HIV1

Procedures to Implement Policy. The Board’s Policy regarding individuals diagnosed with HIV will be implemented through the following procedures:

Education.

		1.	HIV Information. Both staff and students will receive information on an on-going basis, either as part of the employment orientation and regular training or through the school curriculum. Topics will include the causes of HIV, the means of transmission, the stages of the disease, and methods to prevent transmission. The information contained in the staff training and student curriculum will be current and will be reviewed regularly to ensure that it is updated to reflect any new developments with respect to HIV.
		2.	Universal Precautions. All staff whose job duties can reasonably be anticipated to involve exposure to blood or other human body fluids will receive training in the use of Universal Precautions for the handling of blood and other human body fluids as required by the District's OSHA Safety Plan. New employees whose job duties can reasonably be anticipated to involve exposure to blood or other human body fluids will receive training with respect to HIV and other bloodborne pathogens and the use of Universal Precautions at the beginning of employment.

Confidentiality. Any information acquired by an employee of the District with respect to the HIV status of any student or employee shall be kept confidential, except to the extent that the individual diagnosed with HIV has given written consent for disclosure of that information.

^{1Throughout these Procedures, the use of the term "HIV" shall mean human immunodeficiency virus and shall include the entire HIV spectrum. The HIV spectrum includes persons who are (1) HIV-positive asymptomatic, (2) HIV-positive symptomatic, and (3) medically diagnosed with acquired immune deficiency syndrome ("AIDS"). An HIV-positive individual means any person who has tested positive for the HIV antibody or who is acknowledged to have the virus based on the results of other recognized and approved testing modalities.

C. Consent for Disclosure of Information. Except as otherwise required by law, any information concerning an individual's HIV status may be disclosed only to those persons identified by the individual diagnosed with HIV, or in the case of a minor student diagnosed with HIV, the student's parent or guardian in the form of a written consent for disclosure. Suggested forms of consent for disclosure are attached to this procedure. If the student is 18 years of age or is otherwise determined to be mature enough to give consent, the written consent of the student shall be obtained for disclosure of information to specified individuals. Consents for disclosure given by individuals in accordance with this procedure may be modified and updated at any time.

D. Case Management Guidelines

1. The District recognizes that there may be individual students and employees diagnosed with HIV who attend school or continue to work without the District's knowledge of the diagnosis. In such a case, the District may not take any action on the basis of "suspected" HIV infection until such time as the individual student or employee contacts a District employee and consents to disclosure of his/her HIV status.

2. When an employee of the District learns from an individual student or employee that he/she has been diagnosed with HIV, the District employee shall observe the confidentiality guidelines outlined in these Regulations. The employee should encourage the individual to contact the Superintendent or designee to discuss concerns the individual may have and to obtain additional in-depth information concerning the individual's right to continued education or employment. The District employee may offer to contact the Superintendent on behalf of the individual diagnosed with HIV to arrange a meeting.

3. Once the Superintendent or designee has knowledge of the individual's HIV status, the Superintendent may request a meeting with the individual (if not first requested by the individual), or as noted above, the parent or guardian in the case of a student, to discuss the information listed in part (D)(4) below. The individual may accept or decline the Superintendent's request for a meeting; if the individual declines to meet with the Superintendent, the individual may request a meeting at any future time.

The Superintendent or designee is also authorized to share with the Board as he/she determines appropriate limited information concerning cases of HIV in the District. Such information shall not include the identity of the person diagnosed with HIV and should be limited to the fact that an individual in the District has been diagnosed with HIV and that appropriate District policy is being followed.

4. Any subsequent in-depth discussion with the individual diagnosed with HIV should include:

a. The District's HIV Policy and the procedures to implement that policy and specifically the confidential nature of any communications concerning HIV;

b. The individual's stage of HIV and medical status, as well as the importance of obtaining the individual's written consent to discuss the diagnosis with the individual's personal physician;

c. Whether any accommodations are needed at this stage and the availability of such accommodations and future accommodations, if and when needed, including for students:

1) the application of the Individuals With Disabilities Act ("IDEA") and whether a multi-factored evaluation should be conducted or an Individualized Education Program ("IEP") meeting should be held to discuss the student's educational program and placement, including any need for home instruction; and

2) the application of the District’s policy for medically fragile children (Provision of Specialized Health Care or Emergency Medical Care to Students)

d. The Case Support Team, as defined in Paragraph 5 below, and its role; and

e. The importance of sharing the individual's HIV status with other District employees involved with the individual and obtaining consent to disclosure of the medical status to those individuals in order to better determine what accommodations and precautions are appropriate and reasonable to protect the health of all persons.

5. Case Support Team. Case Support Teams ("Support Teams") will be organized as needed on a case-by-case basis and may be requested by the Superintendent or designee or the individual diagnosed with HIV at any time. A Support Team shall function for as long as it is beneficial to the individual or to the District. At all times, the Support Team shall observe the confidentiality guidelines outlined in these guidelines, and any reports and proceedings of the Support Team shall be maintained in a confidential manner and not be disclosed except as required by law.

a. Purposes. The purposes of a Support Team are:

1) to provide support to the individual diagnosed with HIV and to his/her family as appropriate throughout the course of the disease;

2) to develop the means to enhance the education or employment of the individual diagnosed with HIV, through the suggestion of accommodations, if necessary, for continued education or employment; and

3) to remain current regarding the medical status of the individual and suggest appropriate changes to any accommodations in place as changes occur in the individual's health status, all in consultation with qualified healthcare professionals, including the individual's personal physician when available and consent has been obtained.

b. Composition. The Support Team shall be composed of those individuals necessary and qualified to provide support to the individual diagnosed with HIV and to develop an appropriate plan for the continued education or employment of that individual.

The membership of the Support Team may change as the involvement of other individuals is required to effectively work with the individual diagnosed with HIV. The initial organization of the Support Team should be limited in number. Suggested members may include the HIV-positive individual (or in the case of a student who is not yet 18, the parent or guardian of the student), a representative from administration, and a student’s designated teacher(s) and/or guidance counselor or an employee’s direct supervisor. The individual's personal physician should be consulted, when consent has been obtained, with respect to the individual's medical condition, the viability of continued participation in educational or employment activities, and necessary accommodations. Other healthcare professionals or individuals with experience in issues involving HIV, including the Board’s physician, may be consulted by the Support Team when deemed necessary. The Support Team shall maintain the confidentiality of the individual diagnosed with HIV.

The Superintendent or designee is also authorized to share with the Board physician as he/she determines appropriate limited information concerning cases of HIV in the District. Such information shall not include the identity of the person diagnosed with HIV and should be limited to pertinent diagnostic and prognostic information and that appropriate District policy is being followed.

c. Support Team Involvement.

1) The Support Team shall meet upon learning of the HIV diagnosis and continue its involvement through each stage of illness. During each phase of Support Team involvement, the safety and well-being of the person diagnosed with HIV and those persons working with and around the individual will be considered and maintained.

2) The Support Team may be convened at any time upon the request of the HIV-positive individual or the Superintendent.

3) At any time deemed necessary, the Support Team may consult other individuals in the community with experience in HIV issues to assist it. In making any such consultations, the Support Team shall maintain the confidentiality of the individual diagnosed with HIV.

d. Reports. The Support Team shall prepare reports on the progress of the individual and the accommodations provided to the individual and submit such reports to the Superintendent. These reports shall be treated and maintained as confidential.}

	C.	Consent for Disclosure of Information. Except as otherwise required by law, any information concerning an individual's HIV status may be disclosed only to those persons identified by the individual diagnosed with HIV, or in the case of a minor student diagnosed with HIV, the student's parent or guardian in the form of a written consent for disclosure. Suggested forms of consent for disclosure are attached to this procedure. If the student is 18 years of age or is otherwise determined to be mature enough to give consent, the written consent of the student shall be obtained for disclosure of information to specified individuals. Consents for disclosure given by individuals in accordance with this procedure may be modified and updated at any time.
	D.	Case Management Guidelines

		1.	The District recognizes that there may be individual students and employees diagnosed with HIV who attend school or continue to work without the District's knowledge of the diagnosis. In such a case, the District may not take any action on the basis of "suspected" HIV infection until such time as the individual student or employee contacts a District employee and consents to disclosure of his/her HIV status.
		2.	When an employee of the District learns from an individual student or employee that he/she has been diagnosed with HIV, the District employee shall observe the confidentiality guidelines outlined in these Regulations. The employee should encourage the individual to contact the Superintendent or designee to discuss concerns the individual may have and to obtain additional in-depth information concerning the individual's right to continued education or employment. The District employee may offer to contact the Superintendent on behalf of the individual diagnosed with HIV to arrange a meeting.
		3.	Once the Superintendent or designee has knowledge of the individual's HIV status, the Superintendent may request a meeting with the individual (if not first requested by the individual), or as noted above, the parent or guardian in the case of a student, to discuss the information listed in part (D)(4) below. The individual may accept or decline the Superintendent's request for a meeting; if the individual declines to meet with the Superintendent, the individual may request a meeting at any future time.
			The Superintendent or designee is also authorized to share with the Board as he/she determines appropriate limited information concerning cases of HIV in the District. Such information shall not include the identity of the person diagnosed with HIV and should be limited to the fact that an individual in the District has been diagnosed with HIV and that appropriate District policy is being followed.
		4.	Any subsequent in-depth discussion with the individual diagnosed with HIV should include:

			a.	The District's HIV Policy and the procedures to implement that policy and specifically the confidential nature of any communications concerning HIV;
			b.	The individual's stage of HIV and medical status, as well as the importance of obtaining the individual's written consent to discuss the diagnosis with the individual's personal physician;
			c.	Whether any accommodations are needed at this stage and the availability of such accommodations and future accommodations, if and when needed, including for students:

				1)	the application of the Individuals With Disabilities Act ("IDEA") and whether a multi-factored evaluation should be conducted or an Individualized Education Program ("IEP") meeting should be held to discuss the student's educational program and placement, including any need for home instruction; and
				2)	the application of the District’s policy for medically fragile children (Provision of Specialized Health Care or Emergency Medical Care to Students)

			d.	The Case Support Team, as defined in Paragraph 5 below, and its role; and
			e.	The importance of sharing the individual's HIV status with other District employees involved with the individual and obtaining consent to disclosure of the medical status to those individuals in order to better determine what accommodations and precautions are appropriate and reasonable to protect the health of all persons.

				1)	to provide support to the individual diagnosed with HIV and to his/her family as appropriate throughout the course of the disease;
				2)	to develop the means to enhance the education or employment of the individual diagnosed with HIV, through the suggestion of accommodations, if necessary, for continued education or employment; and
				3)	to remain current regarding the medical status of the individual and suggest appropriate changes to any accommodations in place as changes occur in the individual's health status, all in consultation with qualified healthcare professionals, including the individual's personal physician when available and consent has been obtained.

			b.	Composition. The Support Team shall be composed of those individuals necessary and qualified to provide support to the individual diagnosed with HIV and to develop an appropriate plan for the continued education or employment of that individual.
				The membership of the Support Team may change as the involvement of other individuals is required to effectively work with the individual diagnosed with HIV. The initial organization of the Support Team should be limited in number. Suggested members may include the HIV-positive individual (or in the case of a student who is not yet 18, the parent or guardian of the student), a representative from administration, and a student’s designated teacher(s) and/or guidance counselor or an employee’s direct supervisor. The individual's personal physician should be consulted, when consent has been obtained, with respect to the individual's medical condition, the viability of continued participation in educational or employment activities, and necessary accommodations. Other healthcare professionals or individuals with experience in issues involving HIV, including the Board’s physician, may be consulted by the Support Team when deemed necessary. The Support Team shall maintain the confidentiality of the individual diagnosed with HIV.
				The Superintendent or designee is also authorized to share with the Board physician as he/she determines appropriate limited information concerning cases of HIV in the District. Such information shall not include the identity of the person diagnosed with HIV and should be limited to pertinent diagnostic and prognostic information and that appropriate District policy is being followed.
			c.	Support Team Involvement.

				1)	The Support Team shall meet upon learning of the HIV diagnosis and continue its involvement through each stage of illness. During each phase of Support Team involvement, the safety and well-being of the person diagnosed with HIV and those persons working with and around the individual will be considered and maintained.
				2)	The Support Team may be convened at any time upon the request of the HIV-positive individual or the Superintendent.
				3)	At any time deemed necessary, the Support Team may consult other individuals in the community with experience in HIV issues to assist it. In making any such consultations, the Support Team shall maintain the confidentiality of the individual diagnosed with HIV.