Access to Public Education (From AIDS Cases and Materials, P 339-396, 1989, Michael L. Closen, Donald H. J. Hermann, et al. -- See NCJ-126507)

• NCJ Number: 126512
• Author(s): P Horne
• Date Published: 1989
• Length: 58 pages
• Sale Source: John Marshall Publishing Co
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

One of the most sensitive areas of concern regarding AIDS and HIV infection is access to public education.

Abstract

Parents, school administrators, and teachers may react instinctively without full knowledge and take the position that if there is any risk whatsoever to their children, students with AIDS or HIV should be denied admission and should be taught separately or at home. Much of the recent attention paid to HIV infected school children has focused on whether these individuals are handicapped under State and Federal laws, with particular attention to whether they should be provided education in the public schools. An important issue to address initially is whether the Federal Education of All Handicapped Children Act applies to children with AIDS. For many children with AIDS, there will be no particular need to have special education or related services. In contrast, although some children with AIDS do need special education such as homebound instruction because they become too ill to attend school, others will be protected by the Rehabilitation Act because under the analysis in School Board v. Arline, 107 S.Ct. 1123 (1987), they will at least be "regarded as having an impairment."