Three Students Banned From School Because They Might Be HIV Positive

Apparently, Arkansas thinks it’s 1985.

In 1985, 13-year old Ryan White, who became HIV-positive from a blood transfusion, was banned from attending school. Over 100 parents and 50 teachers in Kokomo, Indiana, signed a petition demanding White not be allowed to attend classes, for fear of infection.

After almost 30 years and the passage of the Ryan White Care Act (August, 1990,) Arkansas is doing the same thing.

Three students, all siblings, have been banned from attending classes by the Pea Ridge Public School District, until and unless they can prove they do not have HIV. It is illegal to ban children from attending public schools based on HIV status — perceived or otherwise. It also may be illegal to force them to take an HIV test.

The Pea Ridge Public School District is in Benton County, Arkansas. Its website claims, “Pea Ridge School District does not discriminate on the basis of race, color, sex, national origin or disability in any of its policies, practices or procedures.”

“In a letter sent to parents, the district cites district and Arkansas School Boards Association policy 4.34, in part, as the reasons for their decision. They also say they consulted the school district attorney and a private law firm,” local KNWA TV News reports:

According to the DRC, over the summer, the school district completed a thorough review of records and found an evaluation on one of the boys that stated that the mother and one sibling were both HIV positive.

The school called a meeting on Monday, September 9, 2013, and informed the service provider that the students could not return until documentation could be provided to the school ensuring that the students were HIV negative, according to the group.

“The actions taken by the Superintendent of Pea Ridge School District are appalling and is reminiscent of times past and the case of Ryan White,” says Tom Masseau, Executive Director of DRC. “The fact that the foster families have to provide documentation that the children are HIV negative before entering the school is unlawful and immoral. Further, the fact the school’s attorney authorized this unlawful act is at best appalling. It stigmatizes individuals with disabilities or their “perceived” disabilities as there is no indication these individuals have HIV. There is only an unlawful fear that they do.

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