Among Schoolchildren: AIDS, the Law, and the Public Schools
CHILD, PARENT AND STATE: LAW AND POLICY READER, S. Humm et al., eds., Temple University Press, 1994
25 Pages Posted: 1 Jul 2010 Last revised: 29 Jun 2018
Date Written: 1994
This essay addresses the debate about excluding children with AIDS from public schools. The analysis proceeds in four parts. First, consideration is given to the arguments for and against exclusion by examining the positions advanced by Lisa J. Sotto and Carolyn Kasler, whose works have defined the debate in this area. Second, the relevant case law is considered to see how the courts have dealt with the issue of exclusion under relevant statutory and constitutional principles. Third, the problem of identifying students with HIV and the claims of personal privacy are examined. Finally, the analysis concludes with suggestions for improving legal discourse concerning children and AIDS, drawing upon recent scholarship in the philosophy of science, which suggests that risk analysis is neither purely objective nor merely a social construct.
Keywords: AIDS, HIV, Children with AIDS, AIDS and Public Schools, Education Law, Public Health and Education
JEL Classification: I18, I28, J71, K32
Suggested Citation: Suggested Citation