Following the growth of HIV/AID S in the general population since it was first classified as a separate disease in 1981 in the United States, litigation ensued concerning the rights of students and educators who suffer from this pernicious illness. All but one of the suits directly addressing the rights of individuals with HIV/AIDS in regular school settings involved students; the final case dealt with a teacher.

Medical evidence is clear that students with HIV/AIDS do not pose significant health risks to peers. Even so, parents have had to resort to litigation to protect the rights of their children who were infected with HIV/AIDS to attend school, primarily under Section 504 of the Rehabilitation Act of 1973 (Section 504, 2006). Parents also filed suit under the ...