tazzygirl
Posts: 37833
Joined: 10/12/2007
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quote:
I believe that both sides have merit here. It is pretty presumptious to ask other people to take on the full time responsibility of an HIV child. That is what this entails. This boy may be asymptomatic, but he still requires additional medical attention compared to the "average" student. Realistically, that is what taking this boy on as a student would entail for the school. So the question then becomes, would admitting this child lessen the availability of care for the other students? I don't know the answer to that, but it is possible, foreseeable and likely that it could.
I am assuming it was a typo when you said this:
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the school states the parent would not agree to the school informing others about his condition, such as house parents and others directed in his education and care... but that they would not agree to education of the other students.
Yes, I didnt catch that.
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Your quote looks like a typo, but on review of the school's filing it isn't. It is wholly unreasonable in a residential setting to deny the right of caregivers the knowledge of his condition. Even in a day school setting dealing with minor children, it is reasonable to expect staff to have knowledge of the condition so they can properly address any issues that come up.
What I read in the school's filings, and I am glad you read it as well, is that the mother denied informing both any guardian as well as any student.
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I sympathize with this child wanting a good education, I really do. I don't sympathize with his mother, who is the likely reason this boy has HIV in the first place. But his health situation alone should not permit him admittance to this school. He was turned down on a previous application. I would be interested in the details of that application, since he had HIV then as well.
Im going to interject something here, from personal experience. A patient I took care of was a young female, with a 5 year old son. Aids. Her husband denied the physicians the ability to tell his wife. Upon his death, she discovered why he died and she and the son were tested. Mom was positive, son was negative.
A quick check of PA laws. I couldnt find a statute requiring the informing of a spouse. Law officials, yes, spouse, no. 13 years ago, that may not have been a requirement anyways. Im not saying mom doesnt have it. Im simply saying the way she contracted it may not have been of her own doing...
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Something tells me there is more to this story than what we are seeing in the press. Twice the child applied and twice the child was turned down. They don't say the mother is HIV positive or even full blown AIDS, but since this boy had it from birth it isn't a huge leap to figure out she gave it to him. He isn't a foster child, it would have been mentioned (raises pity levels), he is with his biological mother, who through her own behavior gave her child a deadly disease. The school, by everything we have seen has tried to deal with this appropriately, but the mother (not the child) rushed to filing suit and asking for damages "to be determined by the court." Not just for the boy, but for what she has suffered as well. That doesn't sit well with me.
I was curious about this as well. Could it be her health is failing? Not enough is known at this point.
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Is this the child's desire to attend this school, or is this his mother wanting him out of the house so she can engage in more risky behavior? That isn't stereotyping, that is a gut feeling based on the paperwork available. Why would you not want the staff to be fully cognizant of this boy's health issues? At the very LEAST, it would give them the opportunity to pay more attention to his physical condition. When someone with HIV gets a cold, or any other illness that healthy people consider "minor," it has the potential (just like with a diabetic) to snowball into something much worse. We regularly send our kids to school when they have the sniffles or a cold, but that really wouldn't be appropriate for this kid. What is the reasoning the family thinks should be given that this kid should be on restricted activities or bedrest for such things?
Again, we are assuming that her status is of her own making. Is it probable? yes. Is it possible she contracted it through someone else and she didnt know? yes.
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RE: HIV Discrimination - 
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