Suit Dropped to Bar Teacher With AIDS From Classroom Duties

The Orange County Department of Education has dropped its lawsuit aimed at barring a teacher with AIDS from his classroom, the department’s lawyer said Tuesday.

Ron Wenkart said that under a recent court ruling allowing Vincent Chalk, 43, to return to teaching in Irvine, the department isn’t likely to win its case.

“It would have been difficult to prevail. We didn’t feel we could go on with it at this time,” Wenkart asaid.

Hinges on Condition

But Wenkart said the Education Department might pursue the lawsuit later if medical evidence shows that Chalk poses a health risk to students. The two sides agreed when Chalk returned to work that the county Health Department would be notified if his condition changes.

“If there is a change in his condition or anything new later, we could still end up in court,” Wenkart said.

Chalk declined comment on the department’s decision to drop its suit. But American Civil Liberties Union attorney Susan McGreivy said the lawsuit should not have been filed in the first place.

Trial Date Set

A trial on the lawsuit had been scheduled to begin on Jan. 5 in U.S. District Court.

The U.S. 9th Circuit Court of Appeals, ruling last month in a discrimination suit brought by Chalk against the Education Department, declared that officials would need more evidence of an actual health risk before barring Chalk from his regular duties at Venado Middle and University High schools in Irvine.

Chalk, who had been assigned non-teaching duties, returned to the classroom on Nov. 23. He teaches hearing-impaired students at both schools.

Public health officials say acquired immune deficiency syndrome cannot be transmitted casually and can only be passed on sexually, by sharing hypodermic needles or through blood transfusions.