The New York Times - November 17, 1985
Carol Steinberg

School superintendents said there already are procedures for dealing with most communicable diseases, such as infectious mononucleosis, chicken pox or lice infestation. Usually students or teachers with such illnesses are excluded from the classroom until a doctor certifies they have recovered.

But because there are so many unknowns about acquired immune deficiency syndrome, which is fatal in almost every case, the superintendents said they have established review committees to develop procedures for dealing with victims. AIDS destroys the body's immune system, leaving the victim open to other diseases.

"Everybody's a little afraid of who it will hit - we have to lay some plans," said Dr. Robert M. Finley, Superintendent of Schools for the City of Glen Cove.

Until committee recommendations are made, many superintendents said each case will be reviewed individually. That policy was suggested in early September by the State Education Commissioner, Gordon M. Ambach.

Many school districts began studying the issue early in the school year, largely because of the controversy in New York City over whether children carrying the AIDS virus should be allowed into classrooms.

But the confirmation last month that a teacher in the Commack Union Free School District had died of AIDS brought the issue closer to home. Some districts that had been reviewing policies only for students have expanded their scope to include staff.

The teacher, Howard A. Harting, 44 years old, taught at the North Ridge Elementary School in Commack. He left school on June 11 and died on July 28.

Officials at both the Nassau County Department of Health and the Suffolk County Department of Health Services said they did not know of any school-age child or teacher on Long Island who currently has AIDS. There are 85 confirmed cases of AIDS in Nassau and 83 confirmed cases in Suffolk.

But parents at a Commack school board meeting last month were less concerned about the potential health problem than about how the teacher's condition and the disruption in his classroom because of his illness had gone unnoticed.

"I can't understand how the principal and teachers did not know he was sick," said Irving Rosenfeld of East Northport, whose son, Eric, was in Mr. Harting's third-grade class last year. "Something's wrong with the system."

Another parent, Denise Giglio of Commack, said part of the problem was a school policy - common in other districts, as well - that requires a note from a doctor only after a teacher has been absent five consecutive days.

Although Mr. Harting had not taken off five straight days, Mrs. Giglio and other parents contended that he was absent one or two days a week, had lost weight and had open lesions.

"Should it have been checked into? Yes," Mrs. Giglio said. "But unfortunately, it wasn't. I hope we learn from our mistakes."

However, John McWhirter, the principal of the North Ridge School, said that Mr. Harting was only absent from one to three and a half days a month from September until he was hospitalized in June.

Joseph J. Del Rosso, the distric'st Superintendent, said that "we acted as soon as we were informed" that the teacher was ill.

He said that last spring, when Mr. Harting's weight loss became apparent, the school's principal pointed out to officials that Mr. Harting was ill. "We contacted our chief medical officer to take a look, but by that time he had been in the hospital," Dr. Del Rosso said.

If the school physician had contacted Mr. Harting while he was still teaching and learned he was ill, some steps could have been taken, the Superintendent said.

"Legally, the disease is listed as communicable - we have the right to exclude the teacher from the classroom," Mr. Del Rosso explained. "If not, we want to determine if the general health of the students or teachers is endangered."

Under Section 913 of the State Education Law, school boards can require a teacher whose health is suspect to undergo a physical examination to determine if he is fit to perform his job.

Superintendents across Long Island said this was the procedure they would follow if they suspect a teacher has a communicable disease or other physical or mental illness. Several said, however, that in light of the AIDS situation they might order a physical more quickly if suspicions arise.

"We will definitely be alert -there's no question about that," said Walter R. Arnold, Superintendent of the Kings Park Central School District.

Dr. Salvatore Mugavero, Superintendent of the Bellmore-Merrick Central School District, said: "I'm pretty quick now. Any time you have a situation like this, you tend to become more edgy and respond a lot quicker than other situations, but we've done it before."

Dr. Mugavero said he has required physical examinations in the past when he noticed a pattern to absences, or strange behavior. He said he monitors teachers' daily attendance reports as part of his district's procedure in dealing with health problems.

Policies vary among school districts on requiring notes from doctors when a teacher is absent. Some districts never require them. Kings Park school officials, on the other hand, can ask for a doctor's note after three consecutive absences or any seven absences in one year.

The Superintendent of the Great Neck Union Free School District, Dr. William A. Shine, said if a teacher has a disease, such as conjunctivitis, he would be expected to stay home. A doctor's note would be required to return to class only if the disease was diagnosed by a physician and recorded with school officials.

But, Dr. Shine said, "the likelihood of recording is much greater for students than teachers - students are required to bring in absence notes, teachers are not."

Dr. Shine acknowledged that a double standard exists. But, in dealing with communicable diseases, he and other officials said teachers have the "moral responsibility" to report their conditions to school officials.

The Farmingdale Union Free School District requires that the school doctor be notified in cases of serious communicable illness in both students and teachers. The doctor in turn must notify the principal and superintendent. School officials then notify parents of classmates in writing within 24 hours, according to Dr. Philip Acinapuro, executive assistant superintendent.

The East Meadow Union Free School District requires that a student or staff member who is seriously ill be excluded from school through the infectious period. A doctor's note is needed for readmittance, said Dr. Howard Koenig, the Superintendent.

One procedure some districts are exploring to detect AIDS and other communicable diseases is requiring teachers to undergo periodic physical examinations.

Most school districts now only require a physical before employment or the granting of tenure. However, the Glen Cove schools require that teachers take physicals every two years. The Farmingdale district requires a physical every three years. Both districts require examinations before teachers can be hired.

Dr. Del Rosso said the question of requiring teachers to take physicals may be addressed at the next teacher contract negotiations.

Several school officials, however, pointed out that a physical is not foolproof. "If one takes a blood test for AIDS today, that doesn't mean he won't have it 24 hours later," said Mr. Arnold, of the Kings Park district. Educators said requiring blood tests also would raise issues of privacy and legal questions.

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