* The Americans with Disabilities Act (ADA): This federal law prohibits discrimination against individuals with disabilities in all areas of public life, including schools. AIDS is considered a disability under the ADA. This means the school must provide reasonable accommodations to ensure the student has equal access to education. This could include things like:
* Access to necessary medical care: The school may need to allow for medication administration or time for medical appointments.
* Modified schoolwork: If the student's condition affects their ability to complete assignments, reasonable modifications may be necessary.
* Assistive technology: If needed, the school might need to provide assistive technology to help the student participate in class.
* Protection from harassment and discrimination: The school must ensure a safe and supportive learning environment, free from bullying, teasing, or exclusion based on their HIV status.
* The Rehabilitation Act of 1973, Section 504: Similar to the ADA, Section 504 prohibits discrimination against individuals with disabilities in programs receiving federal funding, including schools. It offers protections similar to the ADA.
* The Family Educational Rights and Privacy Act (FERPA): This law protects the privacy of student education records. Information about the student's HIV status must be kept confidential and disclosed only to those with a legitimate educational interest and with the student's consent (or the consent of their parent/guardian if a minor).
* State laws: Many states have laws that offer additional protections against discrimination based on HIV/AIDS. These laws might strengthen the protections afforded by federal law.
Crucially, the student's HIV status should not be disclosed without their consent (or their parent/guardian's consent if a minor). The school has a legal and ethical obligation to maintain confidentiality. Any disclosure without consent would be a serious violation of federal and state laws.
What the student *doesn't* have a right to:
* Special treatment that gives them an unfair advantage: Accommodations must be reasonable and not fundamentally alter the educational program.
* To endanger other students: While the school must provide reasonable accommodations, they are not obligated to put other students at risk. However, this is rarely, if ever, a concern with appropriate medical management. In the exceedingly rare instance that there’s a potential risk, public health authorities would be involved and appropriate precautions would be taken to protect the safety and health of all students.
If a student feels their rights are being violated, they (or their parent/guardian) should contact the school administration, the school's special education department, and/or relevant civil rights organizations for assistance. They may also want to consult with a lawyer specializing in disability rights.