DOCUNEST MEM

ED 345 463 EC 301 224

T:TLE Placement of School Children with Itcquired ImmuneDeficiency Syndrome (AIDS).

INSTITUTION Office for Civil Rights (ED), Washington, DC.

REPORT NO ED/OCR91 -11

PUB DATE Jul 91NOTE 23p.

PUB TYPE Guides - Non-Classroom Use (055) --Legal/Legislative/Regulatory Materials (090)

EDRS PRICE NFOl/PC01 Plus Postage.

DESCRIPTORS *Acquired Immune Deficiency Syndrome; *Civil Rights;Compliance (Legal); Educational Legislation;Elementary Secondary Education; *Federal Legislation;Handicap Discrimination; Handicap Identification;Public Policy; School Responsibility; *StudentPlacement; Student Rights

IDENTIFIERS *Rehabilitation Act 1973 (Section 504)

ABSTRACTThis pamphlet describes the requirements of Section

504 of the Rehabilitation Act of 1973, as amended, with respect to

elementary and secondary school policies involving the placement of

Children with Acquired ImMune Deficiency Syndrome (AIDS). It explains

the policy of the U.S. Department of Education's Office for Civil

Rights concerning how children with AIDS should be served and their

rights under the law. Following an explanation of how AIDS is

acquired and transmitted, the Section 504 definition cl a handicapped

person is presented and related to persons with AIDS. Qualification

of children with AIDS as handicapped persons based on their age is

noted. The pamphlet then discusses the placement of most children

with AIDS in the regular classroom without restrictions and the

evaluation process required if it is believed that a child with AIDS

needs alternative placement or services. The child's right to

procedural safeguards and confidentiality are noted. Tbe pamphlet

concludes with a list of the addresses and telephone numbers of the

10 regional offices of the Office for Civil Rights. (JDD)

***********************************************************************Reproductions supplied by EDRS are the best that can be made

from the original document.***********************************************************************

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PLACEMENT OF SCHOOL CHILDRENWITH

ACQUIRED IMMUNE DEFICIENCYSYNDROME (AIDS)

U.S. Department of EducationOffice for CM! Rights

Washington, D.C. 20202-1101

July 1991

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INTRODUCTION

This pamphlet describes therequirements of Section 504 of theRehabilitation Act of 1973, as amended,with respect to elementary andsecondary school policies involving theplacement of childran with AcquiredImmune Deficiency Syndrome or AIDS.

On AO/ 18, 19911 the Presidzotannounced AMERICA 2000: AnEducatfm Strategy. It is a bold,complex, and long-range plan designedto move Emmy community toward the sixnational education goals that thePresident and the Governors adopted in1990. Consistent with AMERICA 20001the Office for Civil Rights has instituteda National Enforcement Strategydesigned to help protect equaleducational opponunify for all students.Providing educational services tostudents with Acquired ImmuneDeficiency Syndrome (AIDS) isconsistent with AMERICA 2000's goalsof helping to fight the modem plaguesthat touch our youth. The goalsenumerated in AMERICA 20001 and theNational Enforcement Strategy, will help

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in our nationwide crusade communityby community, school by school tomake America all that it should be.

The information in the pamphlet explainsto school officials and parents howchildren with AIDS should be served,and their rights under the law. Itreflects the policy of the Office for CivilRights (OCR), U.S. Department ofEduce llon. OCR enforces Section 504in programs and activities that receivefederal financial assistance, such aspublic elementary and secondary schooldistricts.

WHAT IS AIDS

AIDS is caused by infection of the indi-vidual with a human immunodeficiencyvirus (HAO that alters a person's immunesystem and damages his/her ability tofight off other diseases. AIDS isprimarily spread by sexual contact andthe sharing of contaminated needlesand syringes among users of illegalintravenous drugs. Children generallyacquire the disease in one of two otherways:

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o the virus can be passed on frominfected mothers during preg-nancy, at birth, or shortly afterbirth; and

o in a small number of cases, theVirus has been spread throughblood products (clotting factors)and blood transfusions.

However, in recent years, knowledgeabout the disease has increased. Manyprecautions are now taken in screeningblood donations. As a result, thechance that anyone will get AIDSthrough blood products or bloodtransfusions is extremely small. Today,the most common way that childrencontract AIDS is in utero as theoffspring of mothers infected with theAIDS virus. Health officials stress thatthe disease is not transmitted throughcasual contact. The Surgeon Generalof the United States has declared that"casual, social contact between childrenand persons infected with the AIDSvirus is not dangerous." No cases ofAIDS have been identified in whichstudents were infected in a schoolsetting.

OCR POLICY ON THE SCHOOLPLACEMENT OF CHILDREN WITH AIDS

Chi Wen with AIDS are HandicappedPersons

Section 504 prohibits discriminationagainst persons with handicaps infederally assisted programs such aselementary and secondary schools. Itprovides that:

No otherwise qualifiedindividual with handicapsin the United States ...shall, solely by reason ofhis or her handicap, beexcluded from participationin, be denied the benefitsof, or be subjected to dis-crimination under anyprogram or activityreceiving federal financialassistance.

The law of which Section 504 is a partdefines a handicapped person as onewho has a physical or mentalimpairment that substantially limitsone or more major life activities, has

a mord of such an impairments or ismrceived as having such an impair-ment. For example, while someindividuals with AIDS are substantiallyimpaired physically, virtually allindividuals with AIDS are regarded ashaving an impairment

Section 504 protects individuals infectedby AIDS on the basis of any actual, pastor perceived effect of HIV infection thatsubstantially limits any major life activityso long as the individual is otherwisequallfied. Since AIDS damages many ofthe body's systems, such as the hemic(blood), lymphatic, reproductive, andother systems, persons with AIDS areoften substantially limited in a major lifeactivity due to physical impairment.

Persons with AIDS are also substantiallylimited in a major life activity due to thereaction of others to their perceivedcontagiousness. The fear of AIDSincludes a perception that a person withthe disease is substantially impaired inhis/her ability to interact with others, forexample, to attend school. Persons,such as those with AIDS, who are"regatxled" as impaired, are just as"handicapped" under the law as those

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who possess the physical limitationsthat arise from actual impaimient. Dis-crimination based solek on the fear ofcontagion is discrimination based onhandicap when the impairment has thateffect on others.

Phildren gith AIDS are Qualifiedftingusiumiimat

Section 504 defines a qualified hand-icapped person, with regard toelementary and secondary schoolprograms, as:

o a handicapped person of an ageduring which nonhandicappedpersons are provided education;or

o a handicapped person of any ageduring which it is mandatoryunder state law to provide ser-vices to handicapped persons orto whom a state is required toprovide a free appropriate publiceducation.

Thus, in the case of elemental), andsecondary school children, "qualified" isdefined in terms of age. lf a child

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handicapped by AIDS is of school age,he or she is considered a qualifiedhandicapped person.

Estimateg

Most children with AIDS can attendschool in the regular classroom withoutrestrictions. There has been nomedical evidence disclosed to showthat AIDS is contagious in the schoolsetting. According to the latest medicalinformation, there have been noreported cases of the transmission ofthe AIDS virus in schools. The SurgeonGeneral and other health authorities,such as the Centers for Disease Controland the American Medical Association,have reinforced this position by statingthat there is no significant risk ofcontracting AIDS in the classroom.

If a parent or school official believesthat a child with AIDS needs related ser-vices or placement outside the regularclassroom, Section 504 requires anevaluation and placement process todetermine the appropriate educationalsetting for a child with AIDS. However,a full educational evaluation is notrequired when neither the school

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officials nor parents believe that achlkl is in need of special educationor related services.

If an evaluation is necessary, Section504 requires the following procedures.Placement determinations am to bemade by a group of persons, includingpersons knowledgeable about the child,the meaning of the evaluation dab, andthe placement options available. Thegroup may include the child's physician,public health peisonnel, the child'sparent or guardian, and personnelfamiliar with all possible educationalsewices. The group would draw uponinformation from a variety of sources,such as tests, teacher recommenda-tions, and assessments of the child'sphysical condition.

In making placement decisions, theinformation needed by the placementteam varies with the handicappingcondition. In the case of children withAIDS, the placement group must havethe benefit of the latest reliable publichealth information with regard to therisks that the disease entails. This

information would be considered alongwith information on the child's medicalcondition, behavior, and so forth. In

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each case, risks and benefits to boththe infected child and others in thesetting should be weighed.

4.rebiltittfi NO Has a fllabt toSINOILaiikiEMENNIBLattglIBM

Section 504 requires elementary andsecondary school districts to provide afree appropriate public education forhandicapped students that includesevaluation and placement procedures,and a system of procedural safeguardsthat includes notice to parents orguardians of their rights under the law,an opportunity for the child's parents orguardians to examine relevant records,an impartial hearing with an opportunityfor participation by the parents orguardians and representation bycounsel, and a review procedure.

A Child with AIDS Has a Right toConfidentiality

Although Section 504 does not containa specific provision regarding confi-dentiality, it does state that recipientsmay not "pmvide different or separateaid, benefits or services to hand-icapped persons or to any class ofhandicapped persons...."

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Under Section 504, singling out childrenhandicapped with AlDS for treatmentthat differs from that provided tononhandicapped children or childrenwith other handicaps with respect toconfidentiality would constitute differenttreatment on the basis of handicap, andwould be a violation of the regulation.

This provision would not affect state andlocal public health rules regarding theduty of school districts to report speci-fied diseases to public health depart-ments. However, when reporting anycases of AIDS to public healthauthorities, school districts shouldconvey such information in a mannerthat respects the privacy of theindividual and the confidential nature ofthe information, in the same way thatinformation about other diseases is

treated.

The Family Educational Rights andPrivacy Act and other federal lawsprovide protection against unwarranteddisclosure of school records. If schooldistIcts have concerns or needguidance on confidentiality require-ments, they can contact the Office ofSpecial Education and RehabilitativeServices (OSERS) end the Family Policyand Regulatory Staff in the Departmentof Education.

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HOW TO OBTAIN FURTHERASSI5TANCEIINFORMA77ON

OCR enforces Section 504 andinterprets the Section 504 regulations.OSERS administers the Individuals withDisabilities Education Act (IDEA) andinterprets the act's regulations.Because Section 504 and IDEA aredifferent federal statutes, they may havedifferent compliance standards. Forfurther information regarding therequirements of IDEA, contact:

Office of Special Education ProgramsOffice of Special Education

and Rehabilitative Sewices400 Maryland Avenue, S.W.Washington, D.C. 202024570

Anyone wishing additional informationregarding the tights of school childrenwith AIDS and the responsibility ofschool districts under Section 504 maycontact the OCR regional office servinghis or her state or territory. Qu6ationsconcerning OCR's policies on AIDS orother civil rights topics should bedirected to the appropriate regionaloffice. The addresses and telephonenumbers of the regional offices andother sources of information are listedbelow.

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Region I

Connecticut, Maine, Massachusetts,New Hampshire, Rhode Island,Vermont

Office for Civil Rights, Region IU.S. Department of EducationJ.W. McCormack Post Office andCourthouse, Room 222, 01-0061Boston, MA 021094557(617) 223-9662; TOD (617) 223-9695

Region II

New Jersey, New York, Puerto Rico,Virgin Islands

Office for Civil Rights, Region IIU.S. Department of Education26 Federal Plaza, 33rd FloorRoom 33-130, 02-1010New York, NY 10278-0082(212) 264-4633; TDD (212) 264-9464

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Region III

Delaware, District of Columbia,Maryland, Pennsylvania, Virginia,West Virginia

Office for CM! Rights, Region XU.S. Department of Education3535 Market StreetRoom 6300, 03-2010Philadelphia, PA 19104-3326(215) 596-6772; TDD (215) 596-6794

Region IV

Alabama, Florida, Georgia,North Carolina, South Carolina,Tennessee

Office for Civil Rights, Region IVU.S. Department of EducationPost Office Box 2048, 04-3010Atlanta, GA 30301-2048(404) 331-2954; TDD (404) 331-7816

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MON) V

Illinois, Indiana, Minnesota, Michigan,Ohio, Wisconsin

Office for ad Rights, Region Vus. Department of Education401 South State ShoedRoom 700C, 054010Chicago, IL 60605-1202(312) 8864456; TDD (312) 353-2541

Region Vi

Arkansas, Louisiana, Mississippi,Oklahoma, Texas

Office for Civil Rights, Region VIU.S. Department of Education1200 Main Tower BuildingSuite 2260, 06-5010Dallas, TX 75202-9998(214) 767-3959; TDD (214) 767-3639

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Region VII

Iowa, Kansas, Kentucky, Missouri,Nebraska

Office for Civil Rights, Region VIIU.S. Department of Education10220 North Executive Hill Boulevard8th Floor, 074010Kansas City, MO 64153-1367(816) 891-8026; TDD (816) 3744461

Region VIII

Arizona, Colorado, Montana,New Mexico, North Dakota,South Dakota, Utah, Wyoming

Office for Civil Rights, Region VIII

U.S. Department of EducationFederal Building, Suite 310, 08-70101244 Speer BoulevardDenver, CO 80204-3582(303) 844-5695; TDD (303) 844-3417

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Region IX

California

Office for MI Rights, Region IX

U.S. Depaitment of EducationOld Federal Building50 United Nations PlazaRoom 239, 09-8010San Francisco, CA 94102-4102(415) 556-7000; TDD (415) 556-6806

Region X

Alaska, Hawaii, Idaho, Nevada,Oregon, Washington, Ametican Samoa,Guam, Trust Territoty of the PacificIslands

Office for Civil Rights, Region XU.S. Department of Education915 Second AvenueRoom 3310, 10-9010Seattle, WA 98174-1099(206) 553-6811; TDD (206) 553-4542

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FOR GUIDANCE ON CONFIDENTIALITYREQUIREMENTS CONTACT:

Office of Special Education andRehabilitative Services

U.S. Department of EducationMary E. SWitzer Building, Room 3006400 Maryland Aver Lie, S.W.Washington, D.C. 20202-2500(202) 732-1025

Family Policy and Regulatory StaffU.S. Department of EducationMaly E. Switzer BuildingRoom 1087330 "C" Street, S.W.Washington, D.C. 20202(202) 401-2057

ED1OCR91-11

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*GPO : 1991 0 - 303-436 QL 3

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