Student Well-Being & Movement

Some Wisconsin Pupils Could Face HIV Testing

By Joetta L. Sack — April 28, 2004 4 min read
  • Save to favorites
  • Print

Wisconsin has enacted what appears to be the nation’s first law requiring students to be tested for HIV if teachers or other school employees can prove they were significantly exposed to the students’ blood while on the job.

The law, which critics view as an unwarranted intrusion on privacy, gives employees of Wisconsin public and private schools the same rights as emergency personnel, medical workers, correctional officers, and group-home workers to require blood tests under comparable circumstances.

“It’s a sensible protection for the men and women who are responsible for educating our kids, similar to the protections that health-care workers enjoy,” said Dan Leistikow, a spokesman for Gov. James E. Doyle, a Democrat, who signed the measure on April 16.

“I think people recognize this is in the interest of public health and protecting teachers.”

State Sen. Carol A. Roessler, a Republican and the chief sponsor of the legislation, said it is “common sense” and is not likely to be challenged in court.

“All we’re doing is adding teachers and school personnel to existing protocol,” she said. “The behaviors of some students can very much so put teachers and other personnel and other students at risk.”

Some groups and activists say the law is not needed.

“The extremely low risk of occupational HIV transmission in most professional settings, combined with the burdens associated with compulsory HIV testing make this legislation unnecessary and unreasonable,” wrote the AIDS Resource Center of Wisconsin Inc., in a statement opposing the legislation.

Resource-center officials also believe that testing the person who came in contact with the blood is the only foolproof way to determine if a person was infected, added Kate Venne, the group’s spokeswoman. She called the new law “a safety net full of holes.”

Larry Dupuis, the legal director for the American Civil Liberties Union’s Wisconsin office, said his group had also opposed the measure on the grounds of medical privacy. Paul Cates, the director of public education for the ACLU’s HIV/AIDS Project, based in New York City, said his office did not know of any other measures that gave school officials such rights.

The main state teachers’ union, the Wisconsin Education Association Council, an affiliate of the National Education Association, supported the measure.

Several other education groups, including the Association of Wisconsin School Administrators, the Wisconsin School Boards Association, and the Wisconsin Association of School District Administrators, did not take a position on the bill, according to the Wisconsin Ethics Board, the state’s panel that oversees lobbyists and sets ethical codes.

The new law does not cover students who have been exposed to the blood of other students and who want to seek blood tests from those students.

Speaking Out

The momentum for the law began a few years ago, following a classroom incident.

In 2001, a student in Cheryl L. Hartman’s special education classroom lost control of his temper and became violent. After he broke a window with a desk, leaving a deep cut in his arm, blood splattered across the room, onto students and desks, and directly into the teacher’s eye.

Ms. Hartman, whose best friend had recently died as a result of AIDS, immediately visited her doctor and received the requisite blood tests for HIV—the virus that causes AIDS—and for hepatitis.

But she also wanted the student’s blood to be tested for HIV, hepatitis, and other illnesses. The parents of the teenager refused. A month later, Ms. Hartman won a court order to force him to submit to a blood test.

Ms. Hartman, who works in a center for emotionally and behaviorally disturbed students in Oshkosh, Wis., did not contract any diseases from the incident. Still, she said, it was an emotional and frustrating experience that prompted her to seek a change in state law.

‘Victim’s Right’

In particular, she said last week, it was frustrating that teachers, who are often on the front lines when students are injured or violent, were not covered under the existing blood-testing law.

“It was appalling to find out that if I had worked in a group home, I would have been covered, but because I was his teacher, I wasn’t,” she said.

Worst of all, Ms. Hartman said, she had to speak out, during legislative hearings, against the views of the AIDS resource center that had helped her friend receive treatment.

“I had watched my best friend die of AIDS,” she said. “I probably knew more in the school than anybody else about what that meant [when the blood] hit that mucous membrane.”

To force a student to be tested under the new law, school employees must meet some significant criteria.

First, they must prove that they had taken precautions to the extent possible, such as using protective gloves or eyewear, against exposure at the time of the contact. They must also produce a letter from a physician stating that they were significantly exposed, and must submit to an HIV test themselves.

Sen. Roessler said the law was designed so that teachers and other school staff members could not force students to be tested without justifiable cause.

“It’s a very, very, very serious matter, and of course not to be taken lightly when this request is made,” she said. “But it’s the victim’s right to know if they’ve been exposed, and what is the nature of that exposure.”

Proponents say they expect the law to be used only in rare cases, but argue that it is necessary to have such a measure on the books.

“I’ll be amazed if this law gets used three to four times a year,” Ms. Hartman said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Removing Transportation and Attendance Barriers for Homeless Youth
Join us to see how districts around the country are supporting vulnerable students, including those covered under the McKinney–Vento Act.
Content provided by HopSkipDrive
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Student Well-Being & Movement Download Catching Bad Days Before They Become Behavior Problems
What are the subtle signs that tell you students are maybe struggling? Here's a useful guide.
1 min read
032026 behavior tutor Banerji GT
Gina Tomko/Education Week + Canva
Student Well-Being & Movement The School Role Helping Prevent Misbehavior Before It Starts
Experienced teachers can spot signs of trouble in students early in the school day.
7 min read
Students eat breakfast and color in Topaz Stotts' second-grade classroom before school starts at Klatt Elementary School in Anchorage, Aug. 17, 2021. Debate over school funding is dominating the Alaska Legislature as districts face teacher shortages and in some cases multimillion-dollar deficits. Schools have cut programs, increased class sizes or had teachers and administrators take on extra roles. (Emily Mesner/Anchorage Daily News via AP, File)
Students eat breakfast and color before the start of the school day in a second grade classroom at Klatt Elementary School in Anchorage, Alaska, on Aug. 17, 2021. Some districts around the country are turning to behavior tutors and similar staff roles to help address student behavior challenges and support teachers.
Emily Mesner/Anchorage Daily News via AP
Student Well-Being & Movement Half of 16-Year-Old Boys Are Gambling. What Can Schools Do?
A Common Sense Media report examines adolescent boys' experiences with gambling and gambling-like activities.
4 min read
Teenager using a smartphone lying in bed late at night, playing games, watching videos online, and scrolling the screen. Children's screen addiction. Screen Addiction in Youth.
Javier Zayas/iStock/Getty
Student Well-Being & Movement Educators Want Schools Delivering Broad Array of SEL Skills, Survey Shows
An EdWeek Research Center survey finds support for building students' communication and problem-solving.
5 min read
Photo of cheerful dreamy girl dressed in checkered shirt closed eyes practicing yoga, SEL skills
Vanessa Solis/Education Week via Canva