NCJ Number
110490
Journal
Journal of Law and Education Volume: 15 Issue: 2 Dated: (Spring 1986) Pages: 195-206
Date Published
1986
Length
12 pages
Annotation
Children with Acquired Immune Deficiency Syndrome (AIDS) fit the definition of handicapped in the Education for All Handicapped Children Act (EAHCA) and are therefore entitled to receive a free appropriate public education.
Abstract
Research data suggest that AIDS may be more contagious than previously thought, thus creating the possibility of larger numbers of AIDS sufferers in future years. In 1985, 113 children were reported to be AIDS patients, 58 percent of whom were under one year of age. According to the Education for All Handicapped Children Act (P.L. 94-142), States are required to provide a free education designed to meet the unique needs of each handicapped child. Courts have upheld the EAHCA's mandate to provide instruction and related services individually designed to meet the needs of the handicapped child. To date, the provisions of the EAHCA have not been applied to children with AIDS. However, the admission of students with AIDS to public schools should be allowed on a case-by-case basis. Given the current state of medical knowledge about AIDS, a blanket prohibition of AIDS students would not seem justified. 58 footnotes.