Section 0520-01-13-.02 - HIV, HIV-RELATED ILLNESS, AND AIDS(1) Each local board of education shall adopt a HIV, HIV-Related Illness, and AIDS policy to ensure all children with HIV, HIV-related illness, and AIDS infection who enroll in the public schools of Tennessee are able to attend and participate in the educational programs of the student's LEA. Each local policy shall be in compliance with the State Board of Education's HIV and AIDS Policy 5.300.(2) Each LEA may develop a comprehensive local HIV, HIV-Related Illness, and AIDS plan that addresses appropriate education programs, confidentiality, liability, safety, curriculum, education, communications, and public relations. The plan shall, at a minimum: (a) Be developed in coordination with local public health officials;(b) Provide education and training resources for school personnel, parents, and local school board members;(c) Include a policy for personnel with HIV, HIV-related illness, and AIDS infection; and(d) Be aligned to the Department of Health's policy universal precautions for handling blood and other bodily fluids. (3) Information including names, records, reports, or correspondence, or any other identifying information on HIV, HIV-related illness, and AIDS infection status for any individual child or school employee shall be confidential.(a) Unauthorized disclosure by employees is cause for disciplinary action, up to and including dismissal, and could lead to individual liability in addition to criminal or civil penalties against LEAs and their personnel.(b) No information regarding a student's or employee's HIV or AIDS status shall ever be disclosed to any individual or organization without a court order or the informed, written, signed, and dated consent of the person with HIV infection or AIDS (or the parent or guardian of a legal minor). The written consent must specify the recipient of the information and the purpose of the disclosure. Any disclosure shall be made in accordance with the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA) and all other applicable state and federal laws.Tenn. Comp. R. & Regs. 0520-01-13-.02
Original rules filed May 3, 2018; effective August 1, 2018. Repeal and new rule filed January 7, 2021; effective 4/7/2021.Authority: T.C.A. § 49-1-302.