Milton Hershey School Faces Lawsuit After Allegedly Denying Admission To HIV Positive Boy (VIDEO)

This 13-year-old from Delaware County, Pa. seems like the perfect candidate for a private boarding school: He's an honor student, is active in sports, and is studying two different foreign languages, NBC Philadelphia reports.

So, then, why did the Milton Hershey private boarding school deny him admission? According to the boy's mother, and the lawsuit filed against the school, the rejection centers around one thing: the fact that her son is HIV positive.

In a statement released to WCAU, the school officially says that the decision was "difficult," but that they reject the boy because they could not "put their children at risk." Currently the school has 1,850 children already enrolled.

(Visit NBC Philadelphia to read the full statement.)

Ronda Goldfein of the AIDS Law Project is representing the boy in filing the discrimination suit against the school, arguing that Milton Hershey violated the boy's civil rights. Goldfein told the station the rejection goes against the school's mission.

"If you have a school that's open to the public, then it's open to the public," Goldfein told NBC Philadelphia. "If you have a student that has a particular need and requests assistance, then you accommodate. You don't simply say we don't like you, we don't like your diagnosis, you can't come here."

The school was founded in 1909 by chocolate maker Milton Hershey, and its mission is to educate low-income and socially disadvantaged students free of charge, the Associated Press reports.

Goldfein told The Patriot-News that, contrary to the school's statement, her client "does not need any special accommodations, nor did he ask for any."

In the report, she continues by saying the denial is a direct violation of the Americans with Disabilities Act, which considers HIV/AIDS a "protected disability, which means that as a public accommodation, a private school is required to provide services to people with HIV/AIDS unless it can prove doing so would be an undue burden."

WCAU reports the boy has been living with HIV his entire life.

Federal discrimination suits against schools have surfaced elsewhere as well. In July, 18-year-old Kymberly Wimberly and her mother sued their school district near Little Rock, Ark. for allegedly denying Wimberly valedictorian status because she's black -- despite the fact that she earned the highest GPA at McGehee Secondary School.

The boy's name has been changed to a pseudonym in the complaint to protect his identity.

Read the full complaint below:

Federal Complaint Against Hershey School

Comments

[Spencer Hamilton]

04:24 PM on 03/18/2012

This sickens me. I am HIV-, and I know a few people that are HIV+, one person told me not to tell anyone because they feared they'd be treated differently. As far as I'm concerned, I reluctantly agree with them. I have never told anyone, and I don't care to. When I see people treating HIV+ in a way that they wouldn't treat diabetics, cancer patients, people with Lupus, and chronic illnesses this just pisses me off. A young man is denied an education because these people are afraid and without information. They should be sued and lose this case, private or not, they have to follow federal law. I have been called an "AIDS promoter" and all kinds of evil things because I believe that this young man deserves an education and his HIV status is no more of a danger than an asthmatic. I have asked: Would you let your child play with a kid who was HIV+? Then when they said no, I replied that you have HIV+ people all around you, some know, and some don't. Stick it to that school!

[WalkingPathogen]

06:57 PM on 03/05/2012

Now to finish my rantings.....You constantly feel the stress of not belonging and the never ending leers from those who would rather we be somewhere else. I find my own joys with my immediate family who choose to be with me and that satisfies me greatly. Those that passed the ADA laws concerning HIV/AIDS were wrong. That should have never have been allowed. I am no better than a person with a deadly weapon I can't put down but I make no excuses or whine about it to the press. Nature has made an effort to balance the human population. So, it's HIV today and tomorrow it will be something and someone else. Peace be with you all and I hope someone does the right thing here.

[Spencer Hamilton]

04:26 PM on 03/18/2012

I am sorry that you feel that way. I just hope that people will understand HIV as it really is and stop acting as if it's something you can catch with a simple handshake or hug.

[WalkingPathogen]

06:54 PM on 03/05/2012

I don't know if I have EVER seen such a passel of sorry individuals as you all. I am HIV positive, through no fault of my own. I have made my way past educational obstacles by self education and distance learning. I have long since come to terms over my deadly disease, and by the way, it's NOT a disability! It's a deadly communicable disease that kills people. I know my life is done and I do not, even in the slightest, tiniest way, would be of such low morals that I would impose my right to be around other people on a daily basis like a boarding school. I have had MANY times that unexpected cuts, scrapes, pricks, tongue and cheek bites have presented themselves at untimely moments. I am far more considerate of the healthy people around me than to risk a sneeze with a blood drop or an accidental flick of my cut finger culminating in blood landing in someone's eyes. Don't be so naive to think you can avoid a tragic mistake like that. Sex is not really an issue anymore and besides that is premeditated murder in my book. If you have HIV then find your calling away from those who deserve not to have their lives made to suit yours, that is just selfish. Your life is soon to be short, don't make others suffer with you. I can't fit everything...next post.

[Barbara DevitaStahl]

09:06 AM on 01/25/2012

There is one question that each person debating this issue needs to answer squarely. If you were a foster parent and had several of your own birth children living at home, would you choose the child who is HIV positive?

[Spencer Hamilton]

04:27 PM on 03/18/2012

HIV+ children need foster homes and adoptive homes too Barbara

[Ladyj8]

10:56 AM on 01/11/2012

PAYDAY ALERT!
Ummm, either this school has a "Commuter" option, OR this is All About A PAYDAY! Does anyone understand the consequences of this boy missing even 2 daily doses of his meds? THINK.
Then, ask yourselves this question: If you polled this or any other boarding school, would you come across just ONE pre-diagnosed DIABETIC student?

If you answered "No," you'd be absolutely correct. If you answered "Well, maybe" OR "Why not?" then, you need some rational help. What LOVING PARENT would EVER entrust a daily life-or-death regiment of medicine unto their CHILD, let alone entrusting complete strangers?

Until you SEE your child swallow his/her meds every morning, or take her insulin shot, put her diabetic candy in her pocket, etc., you wouldn't be able to go on about your day.

Now, ask yourselves this question: Were these parents ever SERIOUSLY considering sending their SICK CHILD off to a BOARDING school? Of course not. They did, however, contemplate how attempting to do so would likely result in a nice PAYDAY. Times are tough, indeed. Esp. with a sick child to support. But I find it appalling that these people are doing this -and costing future deserving kids their scholarships -just for a lucrative settlement.

[thinkbeforeyouspeak2011]

09:49 PM on 12/07/2011

I understand that the school does a lot of great things but that doesn't make this right. Yes the school is private, but they invite the public to apply and still have to abide by the laws of this country. To those who insist that private landowners can do whatever they want with their land, I would like to remind you that it is no longer the 1950s and the points that you are raising were already fought and lost in the courts over 50 years ago.

The only way for this to be allowable under the American's with Disabilities Act would be if hosting the HIV student caused "undue hardship". It would not be a hardship to encourage safe sex, as they already do that. It would not be a hardship to take steps to ensure no blood is passed between students during sports injuries as this is common practice regardless of the presence of HIV. While the school offers medical treatment to its students for free, the school is in no way required under any statute to do so or cover any HIV treatment and thus could still accept him and not offer to cover his medical expenses, thus breaking no law.

This is simply a type of discrimination that has not been seen on such a national stage for decades and it is a disgrace. Frankly it is repulsive that a school would ignore science and rely on outdated prejudices in this way.

[DonnieReillyMMA]

01:27 AM on 12/06/2011

Apparently the school makes them memorize a quote about not making excuses, but I've personally heard from Milton Hershey students that garbage, toilet cleaning, bloody urine and urine itself are all risk factors for them contracting HIV from this student. Some of the Facebook and Twitter posts made by alumni and current attendees are both shocking and shamefully ignorant.

Students at this school need urgent remedial AIDS education for their own safety and possibly a couple of "life skills" classes for their personal enrichment, IMO.

[Dunnemarogra]

11:23 PM on 12/05/2011

Sorry, but saw this on Anderson Cooper and see the School is Private.

Private as far as i am concerned has a huge bearing in this case. Just answer one question would you like someone you didnt want on your Private Property for Whatever reason. Yes, whatever reason as ownership should give you this right unless you are openly insulting and racist. Which is a verbal assault and thats different. So the School shouldnt of told him why. Make up a reason.

Also will this Young Man who hopefully has a good future ahead of him and i wish him all the luck. If he actually go's to this school now. Where is his pride the school doesnt want you there its there why would you go somewhere you knew you were not wanted.

[thinkbeforeyouspeak2011]

05:37 PM on 12/07/2011

No, you are wrong. A private individual can deny access to space to any individual person, yes. However that's not what's happening here. In this case the school has explicitly state that they are denying access on the basis of his HIV status. Under the ADA, those with HIV are essentially afforded the same rights, at least with reference to this situation, as are those of all races under most Civil Rights statutes.

What the school is doing is essentially putting a sign out that says "No cripples". You say one should have the right to exclude unless they are openly racist? How is your race different than HIV status? The kid is 13 so I'm guessing he got it from his parents but that hardly matters.

Also I love that your solution is to exclude him but not tell him why ("just make up a reason"). How about every time a black person comes to my restaurant I tell them that its closed?

[cuoi]

03:36 PM on 12/05/2011

Milton Hershey School has always been brought into the future kicking and screaming. For many years, only white boys would be admitted. Then they lost and told to allow other boys. Then girls. Now AIDs. What's left?

[Dunnemarogra]

11:25 PM on 12/05/2011

Private is Private. Public is Public.

[DonnieReillyMMA]

01:24 AM on 12/06/2011

So race discrimination is okay in a private setting? Let's see your moonwalk, Rand!

[cuoi]

08:54 AM on 12/06/2011

American is American.

[Matt Ward]

04:40 PM on 12/06/2011

They lost? Can you provide some additional information that shows that they lost something?

[FarookEnterpris]

11:42 AM on 12/05/2011

The school will lose on this case, although I do believe they should expect that there will be quite a few situations like these in this day and age. That is the reality of the world we are living in right now and they need to realize that.

[madcap2k2]

10:53 AM on 12/03/2011

As a former student of MHS, it sickens me how reactionary alot of you outsiders are to the whole situation. Bottom line: Milton Hershey School is a privately funded school and they pick and choose as they please. Some of my former classmates had siblings that didn't get accepted, while they did. That's just the way it is. Also, in the schools DEED OF TRUST, it states that the student must be HEALTHY. They don't accept mentally or physically disabled students either.

The reason why this stinks, and the reason why I feel this kid is being made a martyr is because he applied in February and was denied in May, but you decided to file suit on WORLD AIDS DAY and demand immediate enrollment and PUNITIVE DAMAGES???? Listen how coached he is on the video. This is a cash grab pure and simple.

This is not an elitist school. It is for poor and needy kids however, THEY CANNOT HELP EVERYONE. MHS losing this suit will result in a floodgate of lawsuits from other parents about why their "angel" wasn't accepted. It's not anyones God-given right to attend MHS.

Don't compare this to the Ryan White case. This is a RESIDENTIAL boarding school and there is too many variables where the kid could get put into harms way and possibly set up more lawsuits toward the school.

[HaringFan1]

01:25 AM on 12/04/2011

The student was denied admission based on his HIV status (re-read the article, the school's statement and the complaint) as such they broke the law under the ADA. Based on precedent the fact it is a residential/boarding accommodation does not cause an undue hardship and give the school the right to discriminate, even when there's lots of "variables."

[YupIndeed]

07:21 PM on 12/05/2011

"Milton Hershey School is a privately funded school and they pick and choose as they please"

Yes, they can pick and choose as they please. However, they are not above the law. If they specifically state that the child wasn't admitted because of the HIV status, then the school is blatantly breaking the law. This child will not pose an immediate threat to other students. He has been HIV for his entire life. I would think that he is fully aware of the risks that surround him being exposed to the rest of the world. Plus, he is taking medication that reduces the risk of transmission by 97%.

[Colleta]

12:25 AM on 12/03/2011

If Milton Hershey school was a regular day school, then it would be a different scenario. It is NOT a public school...it is private so they can run it the way they want. They are essentially housing and education the student 24/7. What's a shame is that now that the mother of the child has filed a lawsuit, the school will unfortunately have to redirect their efforts with all this nonsense litigation instead of focusing on the education of the 1,850 students currently there.

[new beginning]

06:06 PM on 12/03/2011

Well said.

fanned

[HaringFan1]

12:19 AM on 12/04/2011

Actually even private schools, like Hershey, must follow the law, in this case the Americans with Disabilities Act. AIDS is considered a disability under the Act, specifically Title III, which does not exclude private schools. Had the School followed the law there would have been no need for a lawsuit. Ensuring that a child is not discriminated against is not "nonsense."

[Matt Ward]

09:48 AM on 12/05/2011

ADA says within their own language that you have to accommodate unless it requires undue hardship, which it would in this case.

"provide reasonable accommodation to qualified individuals with disabilities...unless to do so would cause undue hardship"

Per ADA's Website - ""Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the [...]operation. Undue hardship is determined on a case-by-case basis."

This is exactly the reason the school has denied him acceptance­. If you read their response, they believe it would cause undue hardship to make the necessary changes to accommodat­e him. Just as it would to allow kids in wheelchair­s.

[American Spaz]

12:22 AM on 12/03/2011

I went to Milton Hershey School from the early to mid 1980s. In fact, I have a novel coming out two weeks, American Spaz (you can find it on google), that details my experience there. The school saved my life at a vulnerable time. I do think the school is making the wrong decision in this case, though. But I hope we don't over-sensationalize it as the administration has admitted that it was a difficult decision and they are reaching out to the courts to help them decide. MHS has served, literally saved the lives of, hundreds of thousands of children over the years and will continue to do so. So, I hope the media takes the time to understand this and not over-hype the decision that was made.

[YupIndeed]

07:27 PM on 12/05/2011

I would think that the school would have sought legal counsel before making the final decision. How can one not assume that if a child is rejected because he is HIV positive, his mother will go ballistic and make an issue about it? ANY parent would do that.

[Matt Ward]

04:44 PM on 12/06/2011

You are implying that they did not seek legal counsel. Perhaps they did and were advised that is was within the law. I don't know if they did or did not, but why are you assuming that they did not?

[Colleta]

11:58 PM on 12/02/2011

I agree with the school 100%. They provide everything to the student free of charge...so they can pick whoever they want to

[cdncommentator]

12:02 AM on 12/05/2011

Wrong. That's what human rights codes do: they ensure human rights in the private sphere as well.

[YupIndeed]

07:27 PM on 12/05/2011

They are not above the law. They are discriminating against someone with HIV and via the ADA, they are guilty of discrimination.

[Dunnemarogra]

11:28 PM on 12/05/2011

You decide who comes into your home. Just because you might take out a pen and paper and teach your visitors at your home doesnt mean you should not have the right to refusal.

[HaringFan1]

09:23 PM on 12/02/2011

The school will undoubtedly lose in court as being in violation of the ADA. Similar cases (and there have been several) have ruled for the student.