1st Reading           




2nd Reading












1.0    POLICY

1.1    In furtherance of the Board’s policy t protect the rights of both HIV positive students, faculty and staff and of other students, faculty and staff, the following guidelines shall apply.

1.1.1        When it is reported that a student of the District has been infected with AIDS and/or HIV infection, a review committee consisting of a school administrator, a representative from the local health department, the subject’s physician, the subject or, in the case of a minor, the subject’s parents or guardian will make a decision on the proper placement of the child.  The committee is appointed and chaired by the school administrator.  The decision to leave a child in school will be based upon behavior, neurological development and physical condition of the child and the expected type of interaction with others.  In each case, risks and benefits to the victim and others will be carefully studied.



2.1    Pending recommendation of the evaluation team, a student who exhibits behavior which increases the likelihood of transmission, exhibits other clinical evidence of infection or is too ill to attend school shall have an appropriate alternative education program provided by the District



3.1    If the decision to leave a student with AIDS and/or HIV infection in a regular school environment is recommended by the evaluation team, the designated chairperson of the review committee shall work closely with the team to ensure the protection and benefit of all parties.  Guidelines which have been set for such enrollment by the State Health Department, U.S. Public Health Services and the American Academy of Pediatrics will be utilized.  Special in-service activities will be provided for teachers and staff working with such children.



4.1    In the event an employee of the District is diagnosed as being infected with AIDS and HIV infection, a committee made up of the employee, the employee’s physician, a representative of the local County Board of Health, the employee’s supervisor, and a representative of the District Administration will review the medical/job placement status of the employee.  In the event that staying on the job is precluded, the employee will receive any existing benefits to which he/she is entitled, but may not accrue additional benefits.  Part-time hourly employees will be granted medical leave without pay and benefits.  Guidelines developed by the Utah Department of Health, U.S. Public Health Service, and the American Academy of Pediatrics regarding the transmission of AIDS and HIV infection in the work place and the school will be utilized to ensure the protection and safety of all involved.



5.1    The subject may appeal the recommendation of the committee by submitting a written appeal to the Board within ten (10) school days for students or the (10) working days for employees, after receiving notice of the committee’s recommendations.  The Board may order restrictions on the school-related activities or associations of the subject or may stay implementation of the committee’s recommendations.

5.2    If the appellant’s concerns relate to medical issues or under any other circumstances, the Board may submit copies of any appeal to the director of the local County Health Department for his or her recommendation.

5.3    When requested, the director of the local County Health Department shall review the findings and recommendations of the committee and any additional information that the Board finds to be pertinent to the question raised in the appeal, and shall make a written recommendation to the Board within ten (10) working days.

5.4    Copies of the recommendation shall be sent to the appellant, members of the review committee and the Board.

5.5    The Board shall render a final decision in writing within twenty-five (25) days of the filing of the appeal and shall implement the decision without delay.

5.6    Any petition for judicial review of any decision rendered under this section by the Board by persons adversely affected thereby must file an action for review in the appropriate court of law within thirty (30) days of the Board’s decision.



6.1    The identities or other case details of HIV-infected subjects shall not be disclosed to any person other than members of the review committee, the director of the local County Health Department, the Board and the Superintendent.  All personnel involved in the care and education of infected children shall respect the child’s right to privacy, including maintaining confidential records.  The number of personnel who are aware of the child’s condition will be kept at a minimum needed to assure proper care of the child and to detect situations where the potential for transmission may increase (e.g., bleeding injury).



7.1    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 rule.