The Milton Hershey School is sued by lawyers from the AIDS law project because it declined to accept an HIV-positive teenager from Delaware County. In rejecting the kid, the school cited concerns about the safety of other students.

Can a private school legally "discriminate" against a student on such a basis.

Lawyers.com sez it sure can.

(A)bsent federal funding, private schools don't have to admit students who follow a different religion or have a physical or mental disability. As a practical matter, though, it's not uncommon for private schools to accept these students. They may charge extra tuition for students of a different religion. Many private schools also have some limited special education instruction, and when possible, try to accommodate physical handicaps or special needs.

The Hershey School doesn't take federal money. So...

If the case had any legal merit, the left of left-wing U.S. Department of Education's Office of Civil Rights would, no doubt, be involved. Obviously, this is nothing more than a publicity stunt by ALP lawyers.

UPDATE: According to Philly.com:

The complaint came the day before World AIDS Day, noted Ronda Goldfein, executive director of the AIDS Law Project of Pennsylvania, which filed the suit.

The boy was told that his application would not be considered because "[the student's] documented needs are beyond the scope of the Milton Hershey School programs."

The student met all the other requirements for the program, which is free and serves low-income students from age 4 to 15, the suit said.

The suit seeks immediate admission to the school for the boy and compensatory damages for him and his mother.

It also requested that the school implement a policy to prevent further discrimination related to HIV status, as well as mandatory sensitivity training about the illness for staff members.

The complaint was filed the day before World AIDS Day? On the matter of this being a publicity stunt, Spencerblog rests it's case.

Next up the kid and his mother should demand a free membership to Augusta National Golf Club.

UPDATE II: The school should counter-sue ALP lawyers and request they be required to take mandatory sensitivity training concerning the ill effects of frivolous lawsuits and how they undermine respect for lawyers and the legal process.

UPDATE III: Clarification: The school accepts applications from kids 4 to 15, but educates kids (16 and up) up through the 12th grade.