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The Disability Rights Center of
Arkansas reported that the Pea Ridge School District has notified the foster
parents of three school-aged siblings that the students could not attend school
until the foster parents provided documentation that they were HIV-negative.
Tom Masseau, the center’s executive director, stated that denying the children
the right to attend school was illegal because of the Health Insurance
Portability and Accountability Act and the Americans with Disabilities Act. Two
of the siblings had disabilities, according to the Disability Rights Center.
The students’ dismissal occurred
after Pea Ridge School District officials discovered during a summer review of
student records that one of the siblings and their mother were HIV-infected.
School officials informed the foster parents on Monday, September 16, that the
children could not attend school until they proved they did not have HIV. The
children returned to school on Tuesday, but were not allowed to attend class or
participate in extracurricular activities.
Superintendent Rick Neal confirmed
that the district had denied the students access and requested their HIV test
results to “formulate a safe and appropriate educational plan” for the
siblings. The school district had not sent out official district-wide
notification to parents.
