HIV, STD AND ADOLESCENT PREGNANCY PREVENTION

Student Rights

Student right to protections from occupational exposure to bloodborne pathogens during vocational education:  N.J.A.C. 6A:19-6.3 requires schools to identify students at risk of exposure due to participation in vocational and technical education and to provide the same level of training and protective measures from blood-borne parthogens as under state PEOSH and federal OSHA rules.

Pregnant, parenting or married student right to equity in education:  New Jersey regulations N.J.A.C. 6A:7, Managing for Equality and Equity in Education, require schools to meet federal statute 20 U. S. C. §§ 1681 et seq  and implementing federal regulations 34 CFR Part 106 that protect the right to equal education of pregnant, potentially pregnant, parenting and married students. These students may, under certain circumstances, be offered alternative education but may not be excluded from their usual educational setting or services.

HIV-positive student right to equity in education:  N.J.A.C. 6A:16-1.4(b) and N.J.A.C. 8:61-2.1 prohibit schools from excluding a student with HIV from school and school services and from assigning a student with HIV to separate or special settings because of HIV infection.

HIV-positive student right of confidentiality: N.J.A.C. 6A:16-1.4(a) and 2.4(e) require public schools to meet the confidentiality standard for HIV-identifying information that is established at N.J.S.A. 26:5C-5 et seq. Information that identifies a student as having HIV infection or AIDS shall be shared only with prior written informed consent of the student age 12 or greater, or of the student's parent and only for the purpose of determining an appropriate educational program for the student. Information concerning a student’s HIV/AIDS status shall not be required as part of the medical examination or health history.

Student right to consent to testing and treatment:

Note:  For purposes of consent to healthcare in New Jersey, “minor” means less than 18 years of age.

N.J.S.A. 9:17A-1 establishes the right of a pregnant woman who is a minor to consent to her own health care related to the pregnancy.

N.J.S.A. 9:17A-4 establishes the right of a minor to consent to testing and treatment for sexually transmitted infections.

N.J.S.A. 9:17A-4 establishes the right of a person age 13 or older who believes they may have HIV to consent to testing.