PEA RIDGE — Citing that a similar circumstance is documented as transmitting HIV, David Matthews, attorney for Pea Ridge School District told School Board members school officials acted appropriately in asking for medical records for students in the district. Matthews spoke to the board during the board meeting Monday night, answering questions in regard to a situation in which three students were sent home from school Sept. 13 after the school did not receive requested medical records. The students returned to school Sept. 17.
“Actions taken by the children in the previous school year and the likelihood that the actions would be replicated, actions the children do not have any control over,” Matthews said, led to his decision. He said this was not a simple case in which the children could simply be told not to repeat the behavior. Based on his 25 years of representing schools, with an overriding concern to protect the children involved as well as the staff and other students, he advised Rick Neal, school superintendent, that he could request the records after Neal had been advised the children did have a mother and sister who were HIV-positive.
Matthews said Neal had kept information about the children and staff confidential as mandated by law.
“With this unique characteristic that these children have manifested, there’s a possibility … that this activity could be replicated … and staff and students could be exposed to HIV,” Matthews said. “There is a lot of science that indicates that in the vast majority of cases, HIV is only spread through sexual contact … but there are rare instances in which HIV has been spread in other ways.”
Matthews said there is a documented case from May 2011 in which HIV was spread in a situation similar to the one in Pea Ridge.
“It’s important to know what are the circumstances the children face, so, when a person suffers that, post-exposure prophylaxis treatment may be begun,” Matthews said, citing Center for Disease Control writings on occupational exposure to HIV and the use of Post-Exposure Prophylaxis.
Board member Ann Cato said safety procedures should be in place at all times. Matthews agreed adding the incident exposing staff to HIV could be “replicated” and was “consistent with their diagnosis.”
“The school has an obligation, once we learned that information, even if it’s as simple as knowing what treatment to give them,” said Joshua Ramsey, board president.
Cato made two motions, one asking that the district review all standard precautions relating to handling of infectious materials and existing policies for handicapped students and suspension of foster children, and one stating that the district review the Individualized Educational Plans for the specific students, allow the students to continue their education and involvement in athletics and rescind the request for HIV test results. The first motion was seconded and unanimously approved. The second died for lack of a second.
Advocates representing four HIV awareness groups were present and spoke commending the district on their handling of the situation. They were Bob Coffey from Sherwood, Ark.; Ann Dixon who said she serves on five HIV boards; Kari Farmer-Coffman of Fort Smith; and Marco Benjamin, program manager for Condom Nation Tour, AIDS Healthcare Foundation, Brooklyn, N.Y.
“I, too, am a mother that is living with HIV and has a daughter who is in public school in Arkansas,” Farmer-Coffman said. “These kids do not deserve to be discriminated against. I would love to educate y’all. Thank you so much for even caring about us.”
“You’re doing a terrific job as a small community. Educate yourself,” Benjamin said.