Page 77 - FKCC Student Handbook 2012 13 final for web

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(
b) is determined to be HIV Antibody-Positive but has not yet developed the
symptoms of AIDS or
(
c) is determined to have HIV-positive (HIV positive) Spectrum diseases.
The college provides HIV-positive students and employees with reasonable
accommodations and support services, while protecting rights to privacy and
confidentiality. This policy prohibits mandatory HIV testing of employees and
students. All decisions regarding treatment of students or employees are made on
an individual basis. The college will continue to monitor and amend this policy as
needed. Rule 4.410.
LEGAL BACKGROUND
This policy complies with all state and federal laws protecting persons with
disabilities. The Americans with Disabilities Act and the Federal Vocational
Rehabilitation Act of 1973 prohibit discrimination against qualified disabled
individuals by institutions contracted with the federal government. The college
receives federal funds; therefore, the college must comply with the provisions of
the Rehabilitation Act. Under the Rehabilitation Act a college may not discriminate
against any employee or student who has a physical or mental impairment which
substantially limits one or more major life activities, who has a record of such
impairment, or who is regarded as having such impairment. These disability
discrimination laws are intended to eliminate situations in which an individual
who is qualified to perform the essential functions of a job would be denied an
opportunity to fill the job or is treated adversely simply because the individual has
a disability.
The Individuals with Disabilities Education Act (IDEA) assures that the rights of
children and youth with disabilities and their parents/guardians are protected
in terms of fairness, appropriateness, and due process in decision making about
the provision of special education and related services. The Florida Educational
Equity Act also prohibits discrimination on the basis of disability against any
student or employee in the state system of public education. Section 504 of
the Rehabilitation Act protects the civil rights of individuals with disabilities.
In a Florida case, Arline v. School Board of Nassau County, the Eleventh Circuit
of the United States affirmed, that the language of the Rehabilitation Act in
every respect supports a conclusion that persons with contagious diseases are
within the coverage of the Rehabilitation Act. Although the plaintiff in Arline
had tuberculosis, the decision may apply to any contagious disease which
substantially limits major life activity.”The court in Arline also stated that an
employer may not arbitrarily determine that an individual’s disability prevents
the individual from performing required duties. The employer must make a well
informed judgment grounded in careful and open minded weighing of the risks
and alternatives. (Arline, 772 F.23 765 and 107 s. Ct. 1123)
SCHOOL POLICIES