Milton S. Hershey School Sued by HIV Teen's Parents

The Milton Hershey School is responding to a discrimination suit filed by a 13-year-old boy who did not get into the school because he has HIV.


Milton Hershey School sees itself as a very unique school since it houses students full-time over night. A dilemma since one way HIV is spread is through sex.


But the lawsuit filed by the 13-year-old Delaware County boy says his denial to the school is a violation of the Americans with Disabities Act.


AIDS and HIV advocates agree. “People with AIDS are covered by the Act and discrimination of this type is not accepted,” stated an advocate.


"We acknowledge challenging the students application,” stated Vice President of Communications for Milton Hershey Connie McNamara. “We have 1850 students in our
care.”


School attorneys argue they are not obligated to admit the student if he poses a ‘direct threat’ to the health and safety of others that can’t be easily fixed by changes to school policies, programs and buildings.


The 13-year-old boy’s parents are being assisted by the AIDS Law Project of Pennsylvania, a group advocating equal treatment of HIV-infected people. The lawsuit is claiming that the private school violated the Americans with Disabilities Act by rejecting their son as a disadvantaged student.


“This young man is a motivated, intelligent kid who poses no health risk to other students but is being denied an educational opportunity because of ignorance and fear about HIV and AIDS,” said attorney Ronda Goldfein.


The Milton Hershey School, which services economically disadvantaged students in the Derry township area, said they were only trying to protect the 1,850 students already in attendance at the school.


“In order to protect our children in this unique environment, we cannot accommodate the needs of students with chronic communicable diseases that pose a direct threat to the health and safety of others,” the school said in a statement. “The reason is simple. We are serving children, and no child can be assumed to always make responsible decisions which protect the well-being of others.”


Pennsylvania’s Patriot-News reported that the school was acting on its own decision on not official policy. Although the boy met the school’s eligibility requirements, it determined that his needs were “beyond the scope” of what the school could provide.


Goldfein, however, said the boy “does not need any special accommodations, nor did he ask for any.”


The Milton Hershey School was founded before Hershey’s death and was originally intended to educate orphans. Now, it is run on the proceeds of a $7.5 billion trust fund and accepts students in disadvantaged circumstances.


The lawsuit was officially filed Wednesday.