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Milton Hershey School In Pennsylvania Changes Policy: Abraham Smith, HIV-Positive Boy, Considers Admission Offer

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In this photo taken by AP Images for AIDS Healthcare Foundation, HIV activists from the AIDS Healthcare Foundation, Hispanic AIDS Forum, LifeBeat and AIDS Service Center protest outside of HERSHEY'S store in Times Square on Thursday, March 22, 2012 in New York. The activists were outraged by the Milton Hershey School's decision to deny admission to a 13 year-old boy because of his positive HIV status. (Brian Ach/AP Images for AIDS Healthcare Foundation)
In this photo taken by AP Images for AIDS Healthcare Foundation, HIV activists from the AIDS Healthcare Foundation, Hispanic AIDS Forum, LifeBeat and AIDS Service Center protest outside of HERSHEY'S store in Times Square on Thursday, March 22, 2012 in New York. The activists were outraged by the Milton Hershey School's decision to deny admission to a 13 year-old boy because of his positive HIV status. (Brian Ach/AP Images for AIDS Healthcare Foundation)

HARRISBURG, Pa. — A ninth-grader from the Philadelphia area is considering an admissions offer by a private boarding school after it announced a new policy to treat HIV-positive applicants the same as others.

A lawyer for the boy, whose lawsuit against the Milton Hershey School alleges violations of the Americans with Disabilities Act, said Monday he was thinking about it.

School president Anthony Colistra issued a statement that defended the school's previous decisions regarding the HIV-positive teenager, using the same pseudonym for him as does his federal lawsuit, Abraham Smith. He said the admissions offer, and an apology, were issued to him last month.

"Although we believed that our decisions regarding Abraham Smith's application were appropriate, we acknowledge that the application of federal law to our unique residential setting was a novel and difficult issue," Colistra said. "The U.S. Department of Justice recently advised us that it disagrees with how we evaluated the risks and applied the law. We have decided to accept this guidance."

The boy's lawyer, Ronda Goldfein, said that the school's actions did not end the lawsuit, and that the offer of admission for the coming year was being assessed by her client.

"We're certainly delighted that the school understands their obligations under the law and intends to follow them," Goldfein said. "This case is not settled. This is one very important piece of it."

The most recent activity in the lawsuit, filed late last year in U.S. District Court in Philadelphia, occurred last week when the judge scheduled a pretrial conference for September.

"We couldn't be happier that they're doing the right thing, but if you turn a blind eye to a law, you're responsible for the harm caused while you were turning that blind eye," Goldfein said.

Colistra said the private boarding school also is developing training on HIV-related issues for its employees and students.

In Washington, Justice Department spokeswoman Nanda Chitre welcomed the school's decision and noted that federal law protects people with HIV from discrimination.

Milton Hershey School officials previously said the boy was denied admission because a chronic communicable disease would pose a threat to the health and safety of the students.

The school for lower income and socially disadvantaged students is financed by a trust that holds the controlling interest in candy manufacturing giant The Hershey Co.

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Associated Press writer Frederic J. Frommer in Washington contributed to this report.

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