The primary objective of these guidelines is to outline procedures that all schools in the Kern High School District will follow when a student discloses that (s)he is or may be infected with the virus that causes AIDS. It is the district's goal to assist in providing the opportunity of quality education while considering each individual's health and safety needs. By State law, every effort must be made to maintain strict confidentiality of students' health information and status.

CONFIDENTIALITY OF INFECTED STUDENTS

    1.   Students with human immunodeficiency virus (HIV), or the acquired immunodeficiency syndrome (AIDS), have the same right to attend school and receive services as

          any other student, and to do so free from taunts, other verbal harassment, physical harassment, unlawful discrimination and stigmatization.

     2.  Health officials have concluded that HIV/AIDS is not transmitted through casual contact.  The Surgeon General of the United States has declared that "casual, social 

          contact between children and persons infected with HIV is not dangerous."

     3.  Students are not required to disclose HIV infection status to anyone in the educational system.  HIV antibody testing is not required for any purpose.

     4.  Every District employee has the duty to treat as highly confidential any knowledge for speculation concerning a student's HIV infection status.  Disclosure by a student

          to a member of the school staff that (s)he may be infected with HIV/AIDS, is privacy protected to a greater extent than traditional school records or medical information.

          Privacy protection is key to avoiding the risk that a student with HIV/AIDS is harassed, otherwise discriminated against, or stigmatized.  Such information shall not be

          revealed, release, discussed, referred to, transferred, disseminated, or otherwise communicated either all or any part, orally, in writing, or by electronic means to any

          other person or entity without the prior written consent.  Permission forms that give a blanket permission to share medical information are not adequate for sharing

          information about HIV/AIDS infection.

DISCLOSURE 

Written permission for each disclosure of HIV/AIDS information must identity the specific name of a recipient and the purpose for disclosure.  The written consent must be signed by the student regardless of the student's age.  If the student's parents are aware of the circumstances, parental signature is also required when the student is under 18 years of age.

Disclosure shall not be made to the student's parents when there is reasonable cause to believe disclosure will result in a clear and present danger to the health, safety or welfare of the infected student.

Neither the disclosed information nor any related written consent shall be made part of any pupil record under any circumstances.

No person may be compelled to testify or otherwise provide evidence, in any civil, criminal, administrative or legislative proceeding, which identifies or tends to assist in the identification of any person who has taken an HIV antibody blood test.  Any civil, criminal, administrative or legislative subpoena or request for information shall be referred to District legal counsel for action.

A violation of the privacy protections associated with HIV/AIDS may be subject to disciplinary action as well as civil liability for a negligent disclosure and criminal penalties for a willful disclosure.  Any concerns regarding disclosure shall be referred to District legal counsel via the appropriate supervisory personnel without identifying the infected student.

EXCEPTIONS

1.  Exceptions to the general rule that HIV/AIDS information regarding a specific student may not be further communicated without the prior written consent of the student are as follows:

                  a)   Disclosure may be made to medical personnel without prior written consent to the extent it is necessary to meet a bona fide medical emergency of the

                        infected student.  A medical emergency may exist if the infected student is experiencing secondary infection symptoms.

                  b)   Disclosure may be made to law enforcement to the extent necessary to report suspected child abuse or neglect regarding the infected student.  If parents,

                        guardians or care givers are unable or unwilling to appreciate the gravity of the circumstances, a Child Protective Services report may be required.

                  c)   Disclosure may be made to the school principal and/or school counselor when there is reasonable cause to believe disclosure is necessary to avert a clear

                        and present danger to either the infected student or others in the school community such as other students and staff members.  Such a danger may exist

                        in circumstances where the infected student is experiencing an untreated secondary infection which is both dangerous and contagious.

                  d)  This policy does not preclude compliance with or affect state and local health rules regarding the duty of the District to report specified diseases to public

                        health departments.  When reporting any cases of HIV/AIDS infection, the District will convey the necessary information in a manner that respects confidential

                        nature of the information.

STAFF RESPONSIBILITY

1. When a student discloses to a staff member that (s)he may have HIV/AIDS infection, that individual staff member immediately becomes personally responsible for ensuring that the individual student:

                  a)  Is advised of the community resources that are available to meet the students medical, psychological, financial and other personal needs;

                  b)  Is advised how to access available community resources;

                  c)  Receives the advice and encouragement necessary to overcome any barriers to accessing community resources;

                  d)  Does in fact access such resources;

                  e)  Is advised of his or her right to receive an appropriate public education through either a general education program alone or in conjunction with a Section 504

                       plan; and

                  f)  Is encouraged to advise his or her parents if they do not already know.

FULFILLMENT OF RESPONSIBILITY

1. This responsibility may be fulfilled by:

                  a)  Guiding the student to a school counselor who possesses a Pupil Personnel Services Credential in School Counseling;

                  b)  Personally ensuring that the student actually connects in a meaningful way with a school counselor; and

                  c)  Maintaining regular contact with the individual student for follow up purposes.

    2.    If a staff member is unable to fulfill this responsibility by making a meaningful and effective referral to a school counselor, that individual staff member must consult

           with a school counselor, without disclosing the identity of the infected student, and obtain the necessary information and fully discharge the responsibilities as

           described in this policy.

SUGGESTED PROCEDURE

                   INTERVIEW 

    1.  The following procedures may help the staff member through the process:

                   a)  The staff member should make her/himself available to privately sit with the student and determine why (s)he feels they may be infected.  The staff member

                        may ask:

                                  1.  What behaviors or experiences, that you've participated in, make you believe that you may be at risk for HIV infection?

                                  2.  What are you experiencing that causes you to think you have the virus?

                                  3.  How long have you been experiencing these symptoms?  You need to find out if you are or are not infected.  If you are, I'll be right here for you. 

                                       We'll do this together.

                                  4.  Do you know about the testing procedure?

                                  5.  How might you get to the testing site?

                                  (NOTE:  It takes one to two weeks to receive the results of an HIV antibody blood test.  The student will need comforting support during this time. 

                                  Besides the blood test, there is an oral culture test that can be administered at a testing site or in a home setting.  A third, the Rapid test, using a single

                                  droplet of blood from the fingertip, can be read in 20 minutes at the testing site)

                   INFECTION CONFIRMATION

                   b)  If it is confirmed that the student is infected, every means possible to solicit emotional, psychological and medical help should be taken.  To start the process,

                        the staff member should allow the student to lead the conversation and determine her/his own plans and conclusions.  The staff member may ask: 

                                  1.  How do you ultimately see this situation unfold?

                                  2.  What are you going to do?

                                  3.  Who besides me, could you tell that would help you through this?

                                  4.  Do your parents know?

                                  5.  I know someone who is trained that can help us with this.   Would you be willing to invite (parent, school counselor, principal, health department, or

                                       another community support agency)  into our conversation?

    2.  Suggested Behaviors:

                   a)  Schedule a one-on-one meeting with the student.  Be a good listener.

                   b)  Through suggested questioning, determine if a health risk to the student exists.

                   c)  Assure support and abide by confidentiality laws.

                   d)  Strongly encourage the student to confirm infection through an HIV antibody test.  Do not transport the student.

                   e)  Strongly encourage disclosure of infection to individual(s) who can help and/or support, such as parents, school AIDS counselor, or health department.

                   f)  If a student does not comply and staff member identifies a clear and present danger to the student, inform the school principal.

                   g)  Follow through with support whether the student is found to be infected or not.

    3.  HIV prevention education and HIV infection control are outside the scope of this policy and addressed by other policies.

LEGAL AUTHORITY:

                   Education Code section 49602

                   Education Code sections 49073-49079, inclusive

                   Health & Safety Code sections 121025 and 121035

                   Health & Safety Code sections 121051 - 121125 inclusive.

                   Family Educational Rights and Privacy Act (FERPA) 20 USC Sec. 1232h.

                   FERPA Regulations 34 CFR 99, et al.

                   Health Insurance Portability and Accountability Act (HIPAA)

                   OCR Staff Memorandum, 16 IDELR 712 (OCR 1990)

                   Fairfax County (VA) Pub. Sch., 19 IDELR 649 (OCR 1992)

                   Letter to Barnes 211 LRP 8047 (OSERS 1984)

                   Pamphlet, Placement of School Children with Acquired Immune Deficiency Syndrome (AIDS), (OCR July 1991)