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According to the current Indiana state law and in every other state, families do not have to tell the school or anyone else in the education system of their HIV status. HIV testing is not required for any purpose.

The decision to share HIV information with the school is different for every family and must be made on an individual basis. When the decision is made by the family to inform the school of a person’s HIV+ status, that information must be kept confidential by the school staff so that it does not lead to discrimination or the child being treated differently in any way. School personnel and the public are often not educated about HIV and how it is spread, so they become fearful and may treat a person with HIV differently.

Schools have very strict guidelines with regard to immunizations and require certain ones be received before attending. According to Indiana law, the school can refuse entry to a child who has not received these vaccines including the live MMR which may not be safe in children who are HIV+ (see the section on immunizations). An exception can be made by the school if a medical condition is the cause for a vaccine not being given. The school will require a letter from the doctor to verify this. If a family has chosen not to disclose the child’s HIV status to the school, a letter sent to the school will give a diagnosis of immune deficiency. This may alert the school staff that a child has a medical condition they do not know about and may result in the school trying to get more information about the health of the child. The clinic will not release further information unless it is requested by the family.

If a family does disclose the child’s HIV status to school staff, it is against the law for that information to be shared with anyone who does not need to know. "Under the terms of the federal Civil Rights Act of 1991, which also prohibits discrimination on the basis of a disability, a school could be held liable for monetary damages if school authorities are aware of harassment aimed at a person with HIV infection and who do not intervene to stop it or prevent it from continuing to occur. (Page 13)"

The federal law and the Supreme Court of the United States consider HIV infection and AIDS to be "disabling conditions." Many children with HIV will also have learning difficulties. Under section 504 of the Americans with Disabilites Act, any child who has special learning needs will have a yearly IEP (individualized education plan). The IEP is decided by the child’s guardian and a committee from the school. A child with HIV who attends a public school may also request testing to identify if learning difficulties are present.

The risk of HIV transmission at school is small. No special safety precautions are required to protect others. All schools are required to use appropriate infection control measures, such as gloves when touching materials containing blood, proper disposal of materials containing blood and handwashing. These measures should be used with all students, regardless of HIV status. There is an extremely small risk of HIV transmission when vomit, urine, or stool contains blood. The school has policies in place for cleaning surfaces that come into contact with these body fluids. All students, regardless of HIV status will be required to cover any bloody or oozing skin sore.

Much concern exists over children who bite. The risk of HIV transmission from a bite is very small because the amount of HIV in saliva is very low. Bites rarely result in blood to blood contact. However, any child that bites repeatedly may need a disciplinary plan to address the issue. It is never appropriate to bite your child back to discourage this behavior.

It is important when a student has a chronic medical condition or a weakened immune system that the school post appropriate alerts about illnesses going around the school and communicate them to parents so that appropriate steps can be taken to protect the students who are HIV+. This will be done much more readily if the school is aware of the underlying diagnosis.

The same rules apply to daycare settings as schools. If your child is going to an accredited daycare center, they will have the same laws and guidelines as schools. If your child is going to an in home daycare, make sure that it is licensed and that all safety requirements are met. Visit the home to ensure there are no health hazards to your child such as smoking or exotic pets or chronically ill caregivers present. Ask if they use universal precautions as required for licensure. If you are not comfortable doing so, you do not have to disclose your child’s HIV status.

[Keywords:HIV]

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