Subject: HIV-Positive Student Rejected From School Sat Dec 03, 2011 4:11 pm
Quote :
HIV-Positive Boy Talks of Being Denied Entry to Hershey School By ALYSSA NEWCOMB, RON CLAIBORNE and NANCY RAMSEY Dec. 2, 2011
A 13-year-old boy who applied to a Hershey, Pa., boarding school told ABC News that it never crossed his mind he would be denied entry because he was HIV-positive.
"I thought I would get into the school, because of the type of student and person I am," he told ABC News in a written interview through his lawyer.
As a result of the school's decision, he added, "my life has turned into fear, anger, confusion and tears."
The school said today that its residential setting and the risk of sexual activity made the teen too much of a "threat."
The AIDS Law Project has filed suit on behalf of the boy, whose name is being withheld because of his age, on Wednesday in Philadelphia District Court, alleging that the Milton Hershey School violated the Americans with Disabilities Act, which includes HIV in its scope.
"This young man is a motivated, intelligent kid who poses no health risk to other students, but is being denied an educational opportunity because of ignorance and fear about HIV and AIDS," said Ronda Goldfein, the boy's lawyer.
"I don't see the direct threat," the boy told ABC News. "In my home we respect what my mother tells us to do. ... We come straight home from school, do homework, chores and do things as a family unit. Isn't that what Milton Hershey school is supposed to be about, but with a great educational environment? I guess not?!"
Connie McNamara, spokesperson for Milton Hershey, told ABCNews.com the school carefully evaluated the situation and the needs of its 1,850 students, which span from pre-kindergarten to 12th grade.
"We had to balance his rights and interests with our obligation to provide for the health and safety of other students," she said. "And this meets a direct threat."
McNamara knows well that coughing, hugging, and public restrooms won't cause someone to get HIV.
She said the school was most worried the boy would have sex -- if not now, at some point in his future years at the school, where students in groups of 10 to 12 live together in on-campus housing.
"Our kids are no different than teenagers anywhere else," she said. "Despite encouraging abstinence, we can not be 100 percent certain our kids are not engaging in sexual activity."
Even making sure the boy and students were educated on how HIV is transmitted wasn't enough for the school to grant the teen admission.
The idea that anyone could be denied entry based on a disability is astounding, said Arthur Caplan, director of the Pennsylvania Center for Bioethics.
"This notion that you can't put him in residential housing at a school because he is a vector of death is a throwback to 1987, when people were worried you couldn't mainstream children in any school," he said. "It sets back what we know to be true about the disease."
Caplan suggested the school use this as a teaching opportunity to educate students about HIV.
"I'd like to see the school hold a seminar," said Caplan. "And if the school isn't going to do the right thing, students need to confront the administration."
Even the school seemed a bit conflicted during the application process. McNamara provided ABC News with a court document the school planned to file before the lawsuit, asking a judge to weigh in and make sure they were within the bounds of the law.
"We looked at the law and our unique program and made the best decision we could," she said. "Our heart goes out to this young man."
The Milton Hershey School was founded in 1909 by the chocolate magnate whose name it bears. The school was originally intended to house white male orphans, but now has a diverse student body hailing from all over the United States. Students must come from low-income families in order to be considered for admission.
Caplan said the case reminds him of Ryan White, the teenager who became the face of the AIDS virus in the 1980s after being kicked out of school for fear it would spead through everyday contact. Hershey School Won't Admit HIV Positive Boy Watch Video Part One: Bono and Alicia Keys on World Aids Day Watch Video 'You Have AIDS?' Watch Video
"I think they'll lose the lawsuit," he said. " So they better get ready to figure out how they're going to accept him."
For his part, the 13-year-old prospective student told ABC News: "As far as me still wanting to go to Milton Hershey I still do but I am now afraid to. I want them to apologize to me for making like I'm going to be a reckless teenager and put someone else in jeopardy. They should give me more credit than that.
"I don't feel like me anymore and there is no outcome for that," he added. "But if it will help others like me to NOT be discriminated against, I guess I could try to get over it one day. I don't know when, but one day. I'm 13 right now and still got a whole lot of life to live."
Subject: Re: HIV-Positive Student Rejected From School Sat Dec 03, 2011 4:26 pm
Infuriating AND sad. The total ignorance here in almost 2012 about HIV is inexcusable. I hope this school is sued & all parties involved receive serious reprimands beginning with a firing or two.
Nystyle709 ...is a 20G Chamber DIETY.
Join date : 2010-03-16 Location : New York Posts : 27030 Rep : 339
Subject: Re: HIV-Positive Student Rejected From School Sat Dec 03, 2011 4:39 pm
That's terrible. And the school is stupid. They should've known a lawsuit was coming to them for that.
AtownPeep …is a Power Member.
Join date : 2010-01-31 Location : Atlanta, GA Posts : 1867 Rep : 39
Subject: Re: HIV-Positive Student Rejected From School Sat Dec 03, 2011 5:31 pm
All around indecency for this school to act like that. I hope he wins the lawsuit, but afterwards I wouldn't want to go to that school if I were him.
Subject: Re: HIV-Positive Student Rejected From School Sat Dec 03, 2011 8:18 pm
This is the ignorant shit that ppl did in the 1980s. So, guess it proves there is no statute of limitations on stupid.
At least the spokesbitch made a realistic appraisal:
"Our kids are no different than teenagers anywhere else," she said. "Despite encouraging abstinence, we can not be 100 percent certain our kids are not engaging in sexual activity."
However, agreeing that teens are no different, she should realize that they could get infected from other sources than this known infected boy. Since his status is known, any clandestine sex would be done with precautions, unlike that healthy looking teen assumed not to be infected.
FireIce918 …is Authorized.
Join date : 2010-06-22 Location : VA Posts : 855 Rep : 8
Subject: Re: HIV-Positive Student Rejected From School Sun Dec 04, 2011 2:32 am
This is just stupid. Blatant discrimination at it's finest.
Subject: Re: HIV-Positive Student Rejected From School Sun Dec 04, 2011 5:16 pm
This is completely stupid. The school sounds as if they are terrified that this boy will be sexing up its students. I hope they lose their pants in this lawsuit.
Chris Chamber Admin.
Join date : 2010-01-30 Location : Oak Park, Michigan Posts : 23201 Rep : 330
Subject: Re: HIV-Positive Student Rejected From School Sun Dec 04, 2011 10:50 pm
AtownPeep wrote:
All around indecency for this school to act like that. I hope he wins the lawsuit, but afterwards I wouldn't want to go to that school if I were him.
Agreed. The school should be taken to task, and more importantly certain members of the administration should be dismissed. If I were this boys parent I'd sue for discrimination, not for the right to have him attend. Not with those people running the show.
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Subject: Re: HIV-Positive Student Rejected From School