ALLENSTOWN SCHOOL DISTRICT

HIV/AIDS POLICY

The Allenstown School District HIV/AIDS policy for students and staff was prepared by a committee comprised of a cross section of community and school members. It is based on the body of knowledge and law in place at the time the policy was adopted. The purpose of this policy is to protect and support students and employees of the Allenstown schools who may be HIV infected and to provide for the education and support of the instructional and non-instructional staff of the Allenstown schools.

The committee recommends an annual review of this policy to keep apace of developments in medial and legal fields relating to HIV disease.

CONTENTS

PAGE

I. Federal Legislation 1

- Current Law

II. General Principles 2

III. Confidentiality 3

IV. Testing 4

V. Infection Control 5

- Evaluating HIV-Infected students staff members 6

- What is the HIV transmission risk at school

- Handling Bleeding Injuries

- Managing Blood Exposure

- Training

VI. Handling of Body Fluids 7

- Handwashing

- Cleaning Blood Spills

- Laundry

- Infective Waste

VII. Reporting 8

PERTINENT FEDERAL LEGISLATION ON DISCRIMINATION AND

PROTECTION FOR THE DISABLED

FEDERAL LEGISLATION

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals who have handicaps, including individuals with AIDS and HIV infection, as long as they are "otherwise qualified" if, even with reasonable accommodation, they cannot do the job for which they are hired; or, if they pose a significant risk of communicating an infectious disease to others and reasonable accommodation would not eliminate that risk. Conflicts about the latter point are resolved by the courts, which base their decisions on the reasonable medical judgements of public health officials.

The Education for All Handicapped Children Act (Public Law 94-142) protects the right to a free and appropriate public education for students with disabilities who require special education programs. Students who are covered under this statute must have disabilities and be in need of special education and related services.

Therefore, all policies developed for students and school staff who are infected with HIV will be consistent with the provisions of Section 504, P.L. 94-142, state handicap discrimination laws and special education statutes.

CURRENT LAW

Federal courts and the United States Justice Department have concluded that both asymptomatic and symptomatic victims of AIDS suffer under a physical handicap as defined in the Federal Rehabilitation Act of 1973. The Federal Rehabilitation Act prohibits discrimination on the basis of handicap by employers who either receive federal financial assistance or work on federal contracts.

Policymakers should assume that students and school staff members who are infected with HIV are protected against discrimination under Section 504 of the Rehabilitation Act of 1973.

A student who has disabilities and participates in a special education program, and who subsequently becomes infected with HIV, is covered under P.L. 94-142.

The health of students who are infected with HIV may deteriorate to the point where they need modifications in their education programs. Changes, when they are necessary, will be made in accordance with P.L. 94-142.

A student who already receives special education services may be re-evaluated under P.L. 94-142 if that student poses a risk of transmitting HIV or other diseases to other people.

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GENERAL PRINCIPLES

This policy statement is based on the most current information about HIV, the "AIDS Virus." Extensive research has confirmed that HIV is not spread through casual, everyday contact. Therefore, infected persons do not pose a risk to others in the school setting and should be allowed to stay in their classrooms and at their jobs.

This policy prohibits discrimination in employment in any form on the basis of HIV infection or AIDS. No school employee shall be terminated, non-renewed, demoted, suspended, transferred, or subjected to adverse action based solely on the fact that he or she is infected with HIV. School employees who are unable to perform their duties because of illness related to HIV shall retain eligibility for all benefits that are provided for other school employees with long-term diseases or disabling conditions.

The Allenstown District shall provide a sanitary environment and establish routines for handling body fluids that are recommended by the Centers for Disease Control. (See: Recommendations for Infection Control.)

The Allenstown District shall administer a program of on-going education concerning HIV/AIDS for all students and school employees to ensure they are informed about:

• the nature of HIV infection, including how it is and is not transmitted according to current scientific evidence;
• school district policies and procedures related to employees and students with diseases such as HIV infection;
• resources within the school district and elsewhere for obtaining additional information or assistance;
• procedures for infection control.

The school district encourages and urges families, students, and staff members to disclose HIV infection.

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CONFIDENTIALITY

If an individual or family discloses that he/she is HIV positive the Allenstown school nurse shall be designated as the contact person. The school nurse in conjunction with the HIV positive individual (and parent or legal guardian in the case of a student) will determine whether additional persons need to be notified. No one else shall be notified without written consent from the infected person (or student’s parent/guardian).

Any Allenstown School District employee informed of the identity or presence of an HIV-infected student or staff member may not divulge any information about that person without written consent. Anyone violating the stipulations of this policy shall be reprimanded according to school district procedure.

The student health records shall be kept under lock and key in a confidential file in the nurse’s office. Any document containing information that would reveal HIV-positive status will not be shared or photocopied without the written consent of the HIV-positive person or student’s parent/guardian.

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TESTING

Mandatory screening for HIV infection shall not be a condition for school entry or attendance or for employment or continued employment.

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INFECTION CONTROL

EVALUATING HIV-INFECTED STUDENTS/STAFF MEMBERS

Individuals infected with the HIV virus are more susceptible to communicable diseases. The school nurse shall monitor the school environment for the presence of any disease that would seriously endanger the health of an HIV infected person. The nurse shall notify the infected staff member or the parents of the infected student of any such health risks.

If an HIV infected individual develops a health problem that will prevent that person from attending school or working regularly, an individually tailored plan shall be constructed. Its goal shall be to have minimal impact on either education or employment. Staff members participating in the plan shall be informed as outlined in the section on confidentiality.

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WHAT IS THE HIV TRANSMISSION RISK AT SCHOOL?

Blood is the single most common source of HIV transmission. The risk of transmission at school is extremely low. Contaminated needles which break the skin surface present the greatest risk of HIV transmission. A single needle-stick with an HIV infected needle carries a 0.4% transmission risk.

HANDLING BLEEDING INJURIES

Universal precautions as defined by the Centers for Disease Control shall be used whenever a bleeding injury is encountered. Students should be encouraged to care for their own minor cuts and scrapes. Persons who assist in managing bleeding injuries should know that getting blood on their own unbroken skin presents minimal risk. When there is a likelihood of exposure to blood, care-givers should wear latex gloves.

MANAGING BLOOD EXPOSURE

An exposure is defined as contact with blood through a percutaneous (needle-stick) exposure or contact with an open wound, non-intact skin, or mucous membrane (e.g. splattering of blood into mouth and eyes). Exposed individuals should be managed according to the protocol which follows below.

TRAINING

All employees shall receive training in the handling of body fluids. Demonstration and practice is the best training method for employees and students. First aid kits containing basic supplies and latex gloves should be available in areas where injuries may occur (e.g. classroom, playground, gym, school bus).

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HANDLING OF BODY FLUIDS

There is no evidence that HIV is transmitted through contact with vomit, nasal discharge, saliva, urine, or feces. However, these body fluids may transmit other infections such as colds, influenza, "Hepatitis A," etc. Therefore, universal precautions should be used when handling all body fluids.

Procedures for handling body fluids require common sense and do not require extraordinary effort or equipment. Body fluids should not be cleaned up with bare hands. Latex gloves should be used. Disinfection of exposed surfaces such as floors and furniture is essential. Cleaning supplies such as mops should also be disinfected after use.

HANDWASHING

Handwashing is the most important means of interrupting the transmission of infectious diseases. Hands should be washed before serving food, before eating or drinking, and after handling soiled items. Hands should be washed immediately after exposure to contaminated items, as well as after the removal of latex gloves. Warm soapy water should be used.

CLEANING BLOOD SPILLS

Blood spills are best decontaminated with a solution of 1 part bleach to 10 parts water. While wearing gloves, visible blood should be removed with disposable towels. The area should then be decontaminated with a bleach solution or other germicide.

LAUNDRY

Normal laundry cycles should be used according to the washer and detergent manufacturers recommendations.

INFECTIVE WASTE

Any blood soiled material shall be bagged and disposed of in compliance with Center of Disease Control guidelines.

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REPORTING

AIDS has been a reportable condition in New Hampshire since 1983.

HIV infection, without identifiers, was made reportable in 1990. What this means is that the physician or other health care provider responsible for medically assessing or diagnosing HIV infection is required by law to report this information to the Division of Public Health Services. However, if it becomes known to the school that these reporting requirements have not been fulfilled, it is the school’s responsibility to do so.

The school "designee" will report the information to the AIDS Surveillance Division of the Bureau of Disease Control at the State Health Department. The identity of the HIV positive individual is not reported.

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