Section 697.400  Notification of School Principals

a)         Whenever a child of school age is reported to the Department or to a local health department as having been diagnosed as having AIDS or as having been shown to have been exposed to Human Immune Deficiency Virus (HIV) (or any other identified causative agent of AIDS) by testing positive on a Western Blot Assay or more reliable tests as specified in Section 697.100, such department shall give prompt (within three working days) and confidential notice of  the identity of the child to the principal of the school in which the child is enrolled.  If the child is enrolled in a public school, the principal shall disclose the identity of the child to the superintendent of the school district in which the child resides. (Section 2a of the Communicable Disease Prevention Act [410 ILCS 315/2a]). School age is defined as between ages 5 and 21 by Section 10-20.12 of the School Code [105 ILCS 5/10-20.12] and between ages 3 and 21 for handicapped children by the Education For All Handicapped Children Act (20 U.S.C. Section 1412(1)(B)).  Diagnosed cases and laboratory results are reported to the Department in accordance with the provisions of the "Control of Sexually Transmissible Diseases Code" (77 Ill. Adm. Code 693).  If the child resides in a county or city governed by a full-time Local Health Authority, such notification shall be the responsibility of the Local Health Authority.  In all other cases, such notification shall be responsibility of the Department.  The Local Health Authority or the Department shall offer assistance to the principal concerning HIV, the availability of counseling and training, and guidelines for management of the child in the classroom.

b)         Upon receipt of such notice, the principal may, as necessary, such as when a student needs medical attention or must take medication during school attendance, or when the student's clinical condition necessitates other such services, disclose the identity of an infected child to the school nurse at that school, the classroom teachers in whose classes the child is enrolled, and those persons who, pursuant to Federal or state law, are required to decide the placement or educational program of the child.  In addition, the principal may inform such other persons as may be necessary in the opinion of the principal that an infected child is enrolled at that school so long as the child's identity is not revealed.  (Section 2a of the Communicable Disease Prevention Act [410 ILCS 315/2a])

c)         No person to whom the child's identity is disclosed may disclose such information to any other person except as permitted by law (Sections 9 and 10 of the AIDS Confidentiality Act).

(Source:  Amended at 22 Ill. Reg. 21994, effective December 9, 1998)