State-by-State Staff with HIV

Alabama

Alabama has no state law or administrative rule that addresses staff with HIV. However, the state department of education guidance document, "Recommended Policies and Procedures Concerning Standard Precautions and Bloodborne Pathogens" [no direct link available] recommends that local education agencies adopt and revise policies and procedures designed to protect the health of students, school personnel, and others in the school environment by addressing the serious issues raised by HIV infection and other bloodborne pathogens, as needed. Local education agencies are strongly encouraged to adopt the sample policy as written in Someone at School Has AIDS, published by NASBE.

Alaska

04 AAC 06.140 (2002) states that no employee of a public school district may be transferred, suspended, or terminated from employment because the employee has HIV or AIDS. The employee could, however, be transferred, suspended, or terminated if unable to perform the duties of the job in a competent manner or if oozing lesions are visible or other symptoms that increase the risk of transmission of HIV to students or other staff.

Arizona

Arizona has no state law or administrative rule that addresses staff with HIV. However, the state suggests schools follow the Model HIV Administrative Procedures for Schools document, which is based on Someone At School Has AIDS, published by NASBE.

Arkansas

No state policy.

California

California has no state law or administrative rule that addresses staff with HIV beyond the requirements in The Americans with Disabilities Act of 1990. School districts have a legal obligation to determine on a case-by-case basis, based on sound medical information, whether an HIV-infected employee can remain and work in the school environment. Both state and federal law require employers to reasonably accommodate a disabled person. For more information on this topic, refer to California Health and Safety Code §120980 and §121025 (no date available).

Colorado

No state policy.

Connecticut

No state policy.

Delaware

No state policy.

Florida

No state policy.

Georgia

SBOE Rule 160-1-3-.03 (1990) requires a local unit of administration to determine whether an employee can remain in the work setting based upon risk, as determined by a medical professional.

Hawaii

No state policy.

Idaho

No state policy.

Illinois

No state policy.

Indiana

No state policy.

Iowa

No state policy.

Kansas

No state policy.

Kentucky

No state policy.

Louisiana

Chapter 11 of Bulletin 741 (2005), outlines procedures for dealing with a student or staff member known to have a communicable disease that cannot be spread by casual contact, such as HIV or Hepatitis B. In Louisiana, a review panel must be established, and meet within 24 to 48 hours to determine whether or not the infected student or staff member should remain in a school setting. A doctor or health administrator must determine if during the period of the review, the staff member can remain in the school setting without posing a serious threat. Among other issues addressed in the policy are the routine procedures for handling blood and body fluids, staff inservice, and confidentiality.

Maine

No state policy.

Maryland

Maryland has no state law or administrative rule that addresses staff with HIV. However, Executive Order 01.01.1995.19: The Code of Fair Employment Practices (1995) addresses employment discrimination for those with HIV, not specific to a school setting.

Massachusetts

No state policy.

Michigan

No state policy.

Minnesota

No state policy. Refer to the federal Section 504 of the Rehabilitation Act of 1973.

Mississippi

Code §37-11-17 (1987) allows the State Board of Education or county boards of education to require any teacher or other school district employee to submit a thorough examination to determine whether he or she has any infectious or communicable disease.

State Board of Education Policy JGCC (1997) requires the department of education to develop model guidelines for dealing with HIV infection and communicable disease control.

Missouri

No state policy. Missouri recommends that local school districts adopt policies such as those contained in its detailed Policy Guidance on Communicable Diseases (1995) document.

Montana

Montana has no mandatory state law or administrative rule that addresses staff with HIV. However, the Montana Office of Public Instruction and the Montana School Boards Association have jointly published “Communicable Diseases: Model Policies and Procedures for HIV Education, Infected Students and Staff, and Work Site Safety” that contains policy language for local school districts to consider.

Nebraska

No state policy.

Nevada

No state policy.

New Hampshire

New Hampshire has no state law or administrative rule that addresses staff with HIV. However, the department of education offers a guidance document, "Policy Guidelines to Reduce the Risk of Disease Transmission" [no direct link available], which outline procedures for dealing with HIV-positive staff. The New Hampshire Department of Education states that HIV tests cannot be required, nor can consideration for a job or discharge be based on HIV status.

New Jersey

N.J.S.A. 10:5-5(q) (1996) and 10:5-29.1 (1984) statutes against discrimination include HIV infection and AIDS under the definition of "handicapped" for protection from discrimination in employment. N.J.A.C. 6A-7 et seq. requires that school districts provide equality in employment and contract practices, regardless of disability among other factors.

New Mexico

No state policy.

New York

New York has no state law or administrative rule that addresses staff with HIV. However, Public Health Law §2782 (no date available) addresses confidentiality issues within the state in general. No information may be disclosed about the HIV status of any individual without his or her written consent, or the written consent of a minor's parent or legal guardian.

North Carolina

North Carolina has no state law or administrative rule that addresses staff with HIV. However, the state offers a model policy on Communicable Diseases - Employees. They also offer a checklist of suggestions on Components of a Strong School HIV Policy.

North Dakota

Code 23-07-16.1 (no date available) requires each school district to adopt a policy "governing the disposition of…employees of the school district..." The state department of health will adopt guidelines based on the policy that may include procedures of determining under what conditions an employee may not continue attending school.

Ohio

No state policy.

Oklahoma

No state policy.

Oregon

OAR 581-022-0705 (1996) directs local districts to adopt policies and/or administrative procedures concerning employees with communicable diseases, including but not limited to Hepatitis B (HBV), Human Immunodeficiency Virus (HIV), and Acquired Immune Deficiency Syndrome (AIDS).

Pennsylvania

Office of the Governor Executive Order 4 PA Code §2003-4 (2003) Workplace Policy for HIV/AIDS states that employees of the state must be prepared to work effectively with individuals diagnosed or potentially infected with HIV or AIDS.

Rhode Island

Statute §23-6-17 (no date available) prohibits the disclosure of any individual’s HIV test without the written consent of that individual.

The Rhode Island Departments of Education and Health produced a joint “Policy on HIV Infected Students and Employees” (no date or link available) that addresses non-discrimination, reporting, confidentiality, education, and universal precautions.

South Carolina

Contagious and Infectious Diseases: Code 44-29-200 (no date available) allows any board of education to limit or prohibit the attendance of any employee at any school or school-related activity. This decision must be based on "sound medical evidence" and receipt of a satisfactory certificate is required before a prohibition or restriction is lifted.

South Dakota

No state policy.

Tennessee

The HIV-AIDS Policy for Employees and Students [SBE 5.300] (2005) outlines the rights and procedures of employees and students diagnosed with having HIV. The policy states, “no school system employee diagnosed with HIV infection or AIDS shall be prevented from continuing employment based solely on this diagnosis.” Review of employment conditions will be conducted by the superintendent, the employee’s physician, and a physician or nurse from the Department of Health.

Texas

No state policy.

Utah

R388-802 (1989) outlines standards to reduce the risk of spreading HIV infection in schools, and to protect those individuals who are infected against health risks and possible restrictions in activities. Under the rule, upon notification that an employee is infected with HIV, the school administrator must convene a committee to make recommendations based on the potential risks, given the employee’s activities. The employee is to remain in the job assignment until the committee has reported its findings to the school administrator. At such time, the administrator is to implement the recommendations without delay.

Vermont

18 VSA §1127 (1987) does not allow any school district to request an applicant, prospective or current student to have an HIV-related blood test, nor shall the applicant or student be discriminated against based on a positive HIV-related blood test result.

Vermont offers a Sample Comprehensive HIV Policy for Schools: Pre-K–12 (1995) that contains suggestions regarding staff with HIV infection.

Virginia

Code §32.1-45.1 I (2003) mandates that, "Whenever any person is directly exposed to the body fluids of a school board employee in a manner that may, according to the then current guidelines of the Centers for Disease Control, transmit human immunodeficiency virus or hepatitis B or C viruses, the school board employee whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The school board employee shall also be deemed to have consented to the release of such test results to the person."

Code §32.1-45.1 H also mandates that, "Whenever any school board employee is directly exposed to bodily fluids of any person in a manner which may, according to the then current guidelines of the Centers for Disease Control, transmit human immunodeficiency virus or hepatitis B or C viruses, the person whose body fluids were involved in the exposure shall be deemed to have consented to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. Such person shall be deemed to have consented to the release of such test results to the school board employee who was exposed. In other than emergency situations, it shall be the responsibility of the school board employee to inform the person of this provision prior to the contact that creates a risk of such exposure."

Washington

RCW 70.24.105 (1997) states, “no person may disclose or be compelled to disclose the identity of any person upon whom an HIV antibody test is performed, or the results of such a test, nor may the result of a test for any other sexually transmitted disease when it is positive be disclosed.”

West Virginia

Board Policy 2423 (1991) requires each of the fifty-five county boards of education to adopt a communicable disease policy that protects individual students, staff members and the school population in general. The rule addresses a concern for unnecessary exclusion from the school setting, and urges counties to be protective of the educational process and the rights, health, and safety of students and staff. Confidentiality requirements, as outlined in FERPA are to be followed, and for a staff member who is known to have HIV, Hepatitis B, and other like diseases, the decision as to whether the affected person will remain in the school setting will be addressed on a case by case basis by a review panel. Also, mandatory screening is not warranted as a condition for employment or continued employment, nor is it legal.

Wisconsin

No state policy.

Wyoming

Wyoming has no state law or administrative rule that addresses attendance for staff with HIV. The HIV/AIDS Model Policy for Wyoming Public Schools, which is based on NASBE’s Someone at School has AIDS, includes recommendations on this topic.