Law & Courts News in Brief

Hershey School Settles Case of Boy With HIV

By Sean Cavanagh — September 18, 2012 1 min read
  • Save to favorites
  • Print

The family of an HIV-positive student denied admission to a Pennsylvania private school will receive a $700,000 settlement as part of an agreement reached in cooperation with the U.S. Department of Justice.

The 14-year-old boy, who went by the name “Abraham Smith” in court documents, was turned away from the Milton Hershey School after officials there learned he had HIV. School officials argued that the virus was a communicable disease that posed a risk to the health of other students.

The mother of the student sued the school, located in Hershey, Pa., in federal court last year. She argued that denying her son admission violated the Americans with Disabilities Act. She has since decided not to enroll him in the school.

As part of the settlement, the mother agreed to drop all legal actions against the school. School officials also agreed to pay the federal government $15,000 in exchange for avoiding civil penalties.

Related Tags:

A version of this article appeared in the September 19, 2012 edition of Education Week as Hershey School Settles Case of Boy With HIV

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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
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
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
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
School Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

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

Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
•
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
•
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP