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HIV Kid Sues to Get Into Hershey School - PART II
The case of the HIV-positive Delaware County kids suing the Milton Hershey School for refusing him admittance to the school based on his HIV-status may not be as open and shut as I first thought and wrote here.
I assumed that because the Hersey School is a private school that takes no public funds that it was exempt from government anti-discrimination laws. Moreover, Lawyers.com states pretty clearly that is the case.
But after doing a little more research, that is less clear. Even completely private institutions can apparently be compelled by government to "accomodate" people with assorted "disabilities" including HIV positive status.
It appears the question in this case is whether the school's desire to protect the 1,800 plus students under its care is deemed legitimate and trumps the right of this particular 13-year-old not to be excluded from consideration for admittance because of his HIV status. According to the suit, he was born that way.
Having read the lawsuit and the effort by the school to get judicial guidance, two things are clear: 1. The school has made a good faith effort to find out what its legal obligations are and 2. It has provided good arguments and sensible reasons for its concern about having an HIV-positive student on it's co-ed campus 24/7.
Mostly, MHS officials cite concerns that despite its best efforts to discourage sexual activity between students, it goes on more often than they would like. Because of the privacy issues, neither staff nor other students can be informed of the boy's HIV status. From age 13 to 18, there can be no guarantee that he won't be sexually active on campus, which raises all sorts of potential problems, risks and liability concerns.
The AIDS Law Center in Philadelphia decided not to wait for a judge to rule on the school's request for guidance before filing its lawsuit. The suit asks for compensatory damages to be paid to the boy for being "profoundly humiliated and embarrassed" and to his mother for her "mental grief, anguish, worry, and other emotional disturbances beyond what a reasonable person could be expected to endure."
This kid was dealt a lousy hand a birth. But it was his mother (and/or father) who dealt those cards. Maybe the kid should think about suing them too.
I assumed that because the Hersey School is a private school that takes no public funds that it was exempt from government anti-discrimination laws. Moreover, Lawyers.com states pretty clearly that is the case.
But after doing a little more research, that is less clear. Even completely private institutions can apparently be compelled by government to "accomodate" people with assorted "disabilities" including HIV positive status.
It appears the question in this case is whether the school's desire to protect the 1,800 plus students under its care is deemed legitimate and trumps the right of this particular 13-year-old not to be excluded from consideration for admittance because of his HIV status. According to the suit, he was born that way.
Having read the lawsuit and the effort by the school to get judicial guidance, two things are clear: 1. The school has made a good faith effort to find out what its legal obligations are and 2. It has provided good arguments and sensible reasons for its concern about having an HIV-positive student on it's co-ed campus 24/7.
Mostly, MHS officials cite concerns that despite its best efforts to discourage sexual activity between students, it goes on more often than they would like. Because of the privacy issues, neither staff nor other students can be informed of the boy's HIV status. From age 13 to 18, there can be no guarantee that he won't be sexually active on campus, which raises all sorts of potential problems, risks and liability concerns.
The AIDS Law Center in Philadelphia decided not to wait for a judge to rule on the school's request for guidance before filing its lawsuit. The suit asks for compensatory damages to be paid to the boy for being "profoundly humiliated and embarrassed" and to his mother for her "mental grief, anguish, worry, and other emotional disturbances beyond what a reasonable person could be expected to endure."
This kid was dealt a lousy hand a birth. But it was his mother (and/or father) who dealt those cards. Maybe the kid should think about suing them too.
posted by Spencerblog at
4:11 PM
5 Comments:
I attented Milton Hershey School and living with 10-12 students was not the easiest. The liability that MHS has is no comparison to what this student will "gain". We were around each other 24/7 and to not know the status of a students health is putting over 1800 students at risk. This school is fully responsible for these kids health and someone has to protect them. If your child didn't get the proper vaccinations to start school, they would not be enrolled in school. It is something in life that is unfair. If people were not so concerned with getting rich, people would want to help the needy more than worrying who will try to take advantage of them.
I am a bit confused about what Anonymous is saying. Perhaps he would like to try again.
OUTSTANDING PIECE !!!!! I have been attacked by the activist all over FB because I support MHS and their position in this. But they, the activist, are much less concerned about the welfare of children as they are about their agenda and getting at the MHS bank account. MHS has 1800 other students to protect and can not put them at risk for one student. Thank you for such a great read.
Thank you your words. I am a houseparent and graduate. I understand the complexity on all sides. I glad that there are a few of you out there willing to dig deeper into the issues.
As a Milton Hershey School graduate, I have to take the side of the school on this one...While I was there, I no longer had the influence and inspiration of my surviving parent to help guide and motivate me. As a result, I was influenced by other students to try drugs, to which I was vehemently opposed before being enrolled at the age of 12. I had lost my guiding "light". I am now a convicted drug felon. This child, had he been admitted, would not have had the emotional support and family connection that is sometimes needed to make the right decisions in critical situations. The burden and liability for this childs potential future actions would then fall on the school. Not only would the health of other students be at risk, but if other students were infected, the school's financial resources would be at greater risk due to potential multiple lawsuits than the risk posed by denying admission to this one student. I am saddened by this unfortunate situation, but sometimes life isn't fair. I wish this child the best, and hope that those who feel he was done wrong will be compelled to do something for him and his family besides complaining that he was done wrong.
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