JLD-P0 - Blood Borne Infections - A.I.D.S., HIV
SECTION J: School Administration
The acquired immune deficiency syndrome (A.I.D.S.) is caused by a virus called HIV (Human Immunodeficiency Virus) which is capable of destroying the body’s immune system.
HIV is transmitted primarily through:
Sexual intercourse with infected persons;
Sharing contaminated needles and syringes;
Transfusion of contaminated blood and blood products; or,
From mother to child during pregnancy and childbirth.
HIV infection may weaken or destroy the body’s immune system, thereby increasing the infected individual’s susceptibility to a number of infectious diseases. Any person whose immune system is damaged, risks suffering severe complications from common communicable infections. The individual’s physician can best determine the degree of injury to the immune system, and assess the infected person’s risk of acquiring such diseases.
In the usual social contacts occurring in the school setting, there is almost no risk of transmission of the virus among students and staff. AIDS is not spread through the kind of contact students typically have with each other during the course of the school day, such as hugging, touching or sharing desks and toilet facilities.
General Principles
The Board of Trustees of the Prairie Spirit School Division recognizes its responsibilities to students with HIV infection to ensure that they are protected, and to ensure that they and their parents have the right to make decisions about the dissemination of information describing their personal health status.
The Board also recognizes the desirability of protecting the health and safety of the entire school community.
To accommodate the best interests of the infected person and the best interests of the parents/guardians, other students and employees, the Board shall take action, the results of which will be that:
Information is provided for students, and all employees, on the HIV virus and how it is transmitted, regardless of whether HIV infected individuals are involved;
An education program for students will be provided based on the curriculum materials developed by Manitoba Education;
In accordance with Division policy and procedures, each employee’s rights and benefits therein set out will be protected;
The policy and procedures of the Division with respect to blood borne infections will be based upon the most current available medical knowledge;
Restrictions on or differential treatment of infected students or staff will be made on the advice of the individual’s physician and/or the appropriate Medical Officer of Health, only to the extent necessary to minimize the risk of transmitting the HIV virus, and/or for the welfare of the infected person and/or others in the system;
Protection of the rights of privacy of the infected student or employee will be provided;
Protection for the health and safety of others in the system will be provided; and,
In evaluating new information, the School Division will maintain liaison with the Medical Officer or Health or designate.
Students
The Board believes that for most school aged children who are HIV positive or who have AIDS, the benefits of an unrestricted educational setting would outweigh the risks of their acquiring potentially harmful infections in the setting, and apparent non-existent risk of transmission of AIDS through casual contact. To this end, the Board believes that these students should attend school in an unrestricted setting unless, in the opinion of the student’s physician and the Medical Officer of Health, there are special circumstances which necessitate some restriction. The assessment for attendance or restrictions should be based on the behaviour, development, and physical condition of the student, and the expected type of interaction with others in the educational setting.
In those instances where, in the opinion of the student’s physician and the Medical Officer of Health, a more restrictive educational environment may be required, the type of educational setting and attendance restrictions are best determined by a team consisting of the student’s physician, the student’s parent or guardian, and appropriate school personnel.
Subject to the overriding principle that confidentiality of this information is required, the Superintendent’s department, subject to consultation with the student’s parents and/or guardians, the student’s physician and/or the Medical Officer of Health, shall determine which other persons should have the information to ensure the proper care and support of the infected person.
A student infected with the HIV virus or AIDS disease shall, except in circumstances as set below, have an equal right to attend regular classes and shall be considered eligible for all rights, privileges and services provided by the Public Schools Act except that:
The decision regarding attendance at regular classes, or provision of alternate arrangements, shall ultimately be the responsibility of the Superintendent’s department. Such a decision shall be made subject to consultation with the student’s physician and/or the Medical Officer of Health, and following consultation with the student’s parents or guardian; and,
Where the physical condition or behaviour of the infected student requires alternative arrangements for instruction, they shall be provided.
Decision regarding the alternative arrangements for instruction shall be determined on a case by case basis.
A review of the student’s medical condition shall occur in consultation with the family physician, whenever a significant change in the student’s physical condition or behaviour occurs.
Divisional employees
An employee who has become infected with the HIV virus or the AIDS disease is encouraged to report the diagnosis of this condition to the appropriate Senior Administrator.
Subject to the overriding principle that the confidence of this information is to be respected, the Senior Administrator, subject to consultation with the employee’s physician and/or the Medical Officer of Health, shall determine which other persons should have the information, to ensure proper care and support of the infected person. A meeting of the Senior Administration, the employee, the employee’s physician and the Medical Officer of Health, may be held to ensure that everyone involved understands the situation and the implications of any action that may be taken. The infected employee may be accompanied at the meeting by a union or association representative, or other person if he/she so desires.
The Manitoba Human Rights Code prohibits discrimination based on a person’s physical or mental disability [Section 9(1)(c)]. This includes protection from discrimination that is based on a person having AIDS or HIV Infection.
An employee infected with the HIV virus or AIDS disease shall have the right to maintain his/her regularly assigned position unless, because of the employee’s physical condition or behaviour, there is a risk to the infected person, or the employee is no longer able to physically perform his or her duties. When reasonable cause prevails, the Board, on the recommendation of the Senior Administration, shall have the authority to reassign the employee to a more suitable employment position, subject to information released by the physician regarding the employee infected with the HIV virus or the AIDS disease, public health personnel, Division personnel and the employee. All regular employee benefits such as sick leave provisions and long term disability, shall apply.
Routine Precautions
Although the risk of casual contact with blood is small, all blood and body fluids should be considered potentially infectious whether or not an individual with AIDS is known by school personnel to be present. To this end, school personnel, in the everyday social contact setting of the school, are reminded to take all reasonable precautions to minimize the risks of accidental spillage of blood and other fluids.
Release of information
In accordance with the provision of this policy, the Superintendent and/or the Chairman of the Board of Trustees, shall be responsible for responding to any inquiries or requests for information from individuals, school communities, or the media, related to the handling of specific cases of HIV infection or AIDS disease.