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B. protect the health and well_being of the infected person as well as to enable that person to take part in normal school activities with a minimum of disruption;

D. provide a basis for the school committee, superintendent, principals, teachers, nurses and physicians, school employees and students with the flexibility to establish necessary preventive health measures and to inform the public about these measures while still maintaining the infected individual's rights of confidentiality.

This policy should be implemented along with the district's Blood borne Pathogens Policy, better known as the universal precautions policy.

2. Definition of HIV Infection: HIV is an acronym for the Human Immunodeficiency Virus. HIV is the virus which causes AIDS, Acquired Immune Deficiency Syndrome.

A person may be infected but show no symptoms of illness. People at this stage of the disease are described as "asymptomatic". Asymptomatic people feel well and are able to work or attend school without limitation.

At a later stage of the disease, the person may exhibit symptoms of AIDS. Persons with symptoms are described as "symptomatic". Symptomatic people may have health limitations not unlike any other disease which periodically affect one's ability to work or to attend school.

Both asymptomatic and symptomatic persons carry the virus; however, the HIV cannot be transmitted through casual classroom or workplace contact with other students or employees. (see Section 4 for routes of transmission)

An individual is HIV infected if he/she tests positive on an Elisa test for the presence of HIV antibodies in the blood, and this is confirmed by a Western Blot (or other medically recognized) tests, performed in a qualified medical laboratory. Infected people are described as being HIV positive.

3. Reporting HIV Status: When any employee or student has tested HIV positive, it is optional for that person to notify the Superintendent of Schools. Notification of an individual's positive HIV status alone does not justify limiting one's involvement in the school. Informed individuals will be subject to the requirements of the RI General Laws 23_6_17 and 5_37.3_7 in the confi-dentiality of Health Care Information Act, as well as any and all other relevant federal and state laws and regulations relating to the confidentiality of health care information. HIV related information can not be transferred or released except as allowed by Rhode Island General Laws (23_6_17).

4. Routes of Transmission: HIV cannot be spread by casual contact, e.g. sitting together, sneezing or coughing on each other or eating together. Both Rhode Island Law (G.L. 23_6_22) and the Americans with Disabilities Act of 1990 (P.L. 101_336) expressly prohibits discrimination against individuals who are infected with, or who are perceived to be infected with HIV. Being HIV positive is not grounds for dismissal from employment or enrollment in school.

5. School Decision Authority: The Superintendent of Schools, as chief personnel officer, is responsible for ensuring that the purposes of this policy are implemented fully within the guidelines provided by both Rhode Island and federal laws.

The Superintendent of Schools, as the leader of the school district, is expected to demonstrate respect for the infected person and to support that person's regular employment and/or attendance.

6. Confidentiality of Employee and/or Student HIV Status: Information concerning the identity of HIV positive employees/ students must be kept confidential in accordance with R.I. General Laws 23_6_17 and 23_6_18. Any written or electronic records containing this information should be kept in a locked file in the superintendent's office and accessible only to those who have received written permission from the infected person. All school department employees and/or students who receive this information are bound by state and federal confidentiality laws.

7. Persons Who May Need to Know: Selected persons in the school system may need to know the identity of symptomatic HIV positive employees and/or students. The decision to inform personnel should be made by the Superintendent of Schools only with the written permission of the infected employee/ student and parent or guardian and, with a signed release of information, in consultation with the infected person's physician. Persons with a need to know may, in rare situations, include:

A. the school nurse and school physician, especially as liaison with the infected person's personal physician (in order to monitor the employee's/student's health status and to help coordinate medical care);

B. certain other employees of the school department; and C. the supervisor (s) /principal of the employee/ student, especially when decisions involving the needs and welfare of the infected person and other employees and students as well as that of the school system are involved.

No employees in the school system other than those listed above should be informed of the person's identity unless there is written consent by that person. No person, organization, or other entity outside of the school system should be informed.

9. Right to Appeal: This policy shall provide a student, parent/guardian, or an employee with the opportunity to seek amendment to any records, written or electronic, regarding his/her own HIV status. This does not foreclose the use of any other remedy such as grievances under a collective bargaining unit.