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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Policy 4-10

PERSONNEL

Employees Exposed to/or Infected with HIV/AIDS

I. Employees Infected with HIV/AIDS

A. Definition

AIDS (acquired immuno-deficiency syndrome) is a result of infection by HIV (human immunodeficiency virus), an infectious virus.

B. General Policy

The School Board does not discriminate on the basis of any handicap or disability, including AIDS or HIV infection.

C. Applicability

The guidelines in Subsection D following apply to School Board employees known to be infected with HIV.

D. Guidelines

1. When an employee is known to be HIV infected, an initial determination regarding any need for reassignment or restriction of assignment shall be made as soon as practicable. Except in cases where there is an immediate risk of transmission, the employee shall remain in his/her regular assignment pending such determination.

2. Decisions regarding employment and working conditions of HIV infected employees should be based upon the employees' work assignments, whether they are physically able to complete assigned work and whether they are likely to expose other workers and students to open skin lesions, mucous membranes or other body secretions or fluids.

Since current medical teaching is that HIV is not transmitted through casual contact, any employee who is HIV infected will continue in his/her assigned employment unless his/her health status interferes significantly with performance.

If the employee is a health care or personal service worker, the guidelines issued by the Centers for Disease Control, and any applicable state and local laws, will be followed in determining whether the employee may continue in his/her current assignment, and whether any restrictions are appropriate.

The preliminary recommendation regarding employment assignment shall be made by a committee composed of the employee's physician, the public health director or a physician designee, a medical advisor representing the division and a member of the administrative staff appointed by the Superintendent.

Recommendations from the committee shall be considered by the Superintendent in arriving at a decision. Such decision will be subject to appeal to the School Board upon written request by the employee.

3. When an employee is determined to be unable to work because of HIV-induced disease the employee shall be placed on sick leave. When such leave is exhausted and the employee is unable to return to work the school division will assist the employee in seeking disability retirement through the Virginia Retirement System.

E. Confidentiality of Records/Right of Privacy

Persons involved in the employment and supervision of HIV-infected employees shall respect employees' confidentiality and privacy, including maintenance of confidential records. The number of personnel who are aware of infected school employees' conditions shall be kept to the minimum needed to assure appropriate supervision of the work of employees and to detect situations where potential for transmission of HIV may occur.

Editor's Note
For personnel records see School Board Policy 4-15.

F. Training

Universal precautions for handling blood will be implemented within the school setting and on buses. To ensure implementation of the proper standard operating procedures for all body fluids, the guidelines from the Virginia Department of Health will be followed. In-service training will be provided to all school personnel. Training will include local division policies; etiology, transmission, prevention, and effects of blood-borne pathogens, specifically hepatitis B and HIV or any other infections that are the subject of regulations promulgated by the Safety and Health Codes Board of the Virginia Occupational Safety and Health Program; standard operating procedures for handling blood and body fluids; and community resources available for information and referral. Periodic updates will be supplied through in-service or memoranda.

Editor's Note
See School Board Policy 5-56 Contagious and Infectious Diseases:
    Human Immunodeficiency Virus (HIV)/Acquired Immuno-deficiency Syndrome.

II. Employees Exposed to HIV/AIDS

The Superintendent shall promulgate, in compliance with Virginia Code § 22.1-273(D), a procedure to be followed when a School Board employee is exposed to the blood or bodily fluids of a student.


Legal Reference:

Code of Va., § 32.1-35. List and reports of diseases.

Code of Va., § 32.1-36. Reports by physicians and laboratory directors.

Code of Va., § 32.1-37. Reports by persons other than physicians.

Code of Va., § 32.1-38. Immunity from liability.

Code of Va., § 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records.

Code of Va., § 22.1-271.3. Guidelines for school attendance for children infected with human immunodeficiency virus; school personnel training required; notification of school personnel in certain cases.

Code of Va., § 22.1-301. Costs of medical examinations and of furnishing medical records.

Code of Va., Title 32.1 Chapter 2 Article 3.01. Isolation of Certain Persons with Communicable Diseases.

Virginia State Board of Health, Regulation #3.00.01, List of Reportable Diseases. "Acquired Immuno-deficiency Syndrome (AIDS) . . . "

 

Adopted by School Board: July 13, 1993 (Effective August 14, 1993)
Amended by School Board: October 20, 1998