afraid he may have sex with another student some day and spread the virus. even though in any case, the hershey school is a highly structured, highly supervised environment. even though condoms block the spread of hiv and taking anti-viral drugs -- which this boy does -- lowers the risk of contraction even during unprotected sex by 96%. the school claims it cannot take any chances even though barring the student, known in court papers as john doe, would seem to violate the americans with disabilities act. i spoke to the school spokeswoman earlier. in a legal document you've written the school has made an individualized assessment as required by the ada and its implementing regulations and determined that john doe would pose a direct threat. that's the language you used just now. i want to read to you from a question and answer document put out by the justice department by their civil rights division to inform people about the americans with disabilities act. in this document it says, and i quote, there's a question, quote, can a public accommodation exclude a person with hiv/aids because that person allegedly poses a direct threat to the health and safety of others. in almost every instance, the answer to this question is no. persons with hiv/aids will rarely if ever pose a direct threat in the public accommodations context. given that, how can you still claim there's a direct threat? >> because we're a very unique institution. >> spokeswoman connie mcnamara. beyond that claim that the hershey school is unique because it's a residential school, a boarding school. i wanted to know what scientific basis they have for keeping this child out? what medical evidence was your decision based on? >> we did a thorough review. we had the admissions committee and our senior admission, along with our medical staff review the case. >> so you had a doctor or medical professionals consulting on this? >> yes. >> and they advised you that there was a risk of having an hiv positive child in the school? >> i wasn't in those discussion, anderson, but i can tell you that the decision at the end of the day was that in balancing the risks, we had to think about those other 2,000 students in our home. >> well, we wanted to know more, especially after speaking with emory university medical center dr. kimberly manning. >> this was a decision rooted in fear not because of public health concern. because if this was truly for public health purposes, they would have sought the counsel of the appropriate medical professionals who would have told them of the compelling data that is demmen straightsed by those who are taking anti-retro viral therapy, if they do have sex, the chances of spreading hiv is minimal. >> who did this school consult with? we contacted connie mcnamara, she said she had no comment because of pending legislation, the lawsuit filed on this boy's behalf. the teenager whom the school has referred to as john doe answered some of my questions tonight. he said, i'm not a threat to anyone. he adds if anything the lawyers and spokes for the school are a direct threat to me by insulting my intelligence as though i do not understand or know the consequences of unprotected sex. who wants to have sex anyway at my age? he wants the school to stop making out like i'm this vermin that's out to get the student body at milton hershey. we'll talk to his attorney. first, to what is to many is a staggering fact. this is happening a quarter century after another young man ryan white fought to stay in school despite being hiv positive. through his battle many learned to leave their unfounded fear of hiv behind, but apparently not everyone. i talked about it earlier tonight with ryan white's mom. what went through your mind when you first heard about this 13-year-old honors student in pennsylvania being denied admission because he was hiv positive? >> oh, gosh. anderson, i just felt like, you know, it was ryan's story all over again. i mean, it just seems -- i didn't know the whole story at the time. i just thought people were uneducated. i did not understand the part about the sex. i mean, their response for not allowing him in school was because they're afraid that he might have sex. i mean, i think that's just kind of ridiculous. >> what about it do you think is ridiculous? >> i mean, for a 13-year-old. i mean, this kid sounds like a really responsible kid. he's very smart and very intelligent and he wants to go to that school. a kid with hiv, i think that's so important for him to have such hope and promise in his life. and he wants to make something out of his life even though he's got hiv and aids. i mean, i just think he's -- it's just an important thing for him to be able to better himself. and he can live a long, productive life. and i think it's just very unfair that they will not let him go to milton hershey school. >> what do you think ryan would say about the fact that a situation like this is unfolding in 2011, almost 2012? >> i think ryan would be very annoyed that we're doing this again. i think he would feel, you know, it's ridiculous. i think he would feel like, you know, we already fought this battle. you know? we know that aids cannot be transmitted by kissing, tears, sweat and saliva. it can't hop, skip or jump around. i think it was important for people to look at a person for who they are and like a person for who he they are. you are not giving them a chance of seeing who he is. all you're seeing is hiv/aids, and you're not giving him a chance in life. >> i do some work with the elton john aids foundation helping them raise money. i know elton became close to ryan and to you. he's talked about the impact that ryan had on him. what impact do you think this story, what's happening to this young boy is going to have? >> i think it's going to make us do more education. i think it's important for everybody to get educated. i think we've come to a standstill kind of people talking about aids. this puts aids in the forefront, not like we want it to be like this over a story like this, but at the same time it makes people and enforces that you can't get aids by casual contact or by living with somebody, going to school with somebody, working with somebody. you cannot get aids that way. >> jeannie white-ginder, we appreciate you being with us. thank you. >> thank you, anderson. >> you heard what the teenager has to say about the situation. he says it's been rough with him. i asked how he's dealing. he said, i'm not dealing with it good. i'm a shy person and all the attention is overwhelming. i'm glad it's getting out and not being shoved under the rug. i don't feel normal any more. when asked what he would say to parents at the school who have concerns. as far as the parents are concerned, i understand, but ignorance is a very dangerous tool. your children should be educated about a person who is hiv positive. if i have a cut, i have the common sense to get a bandage or tell my mother. joining us now, his attorney ronda goldfein and senior legal analyst jeffrey toobin joins us. i want to ask you something that the school has been unwilling for unable to clarify for us. the school's spokeswoman connie mcnamara told me on friday that the school consulted with medical professionals before denying admission to your client. are you aware of who those medical professionals are? >> we're not aware of who they may have spoken to. and i can say at the aids law project of pennsylvania, which is a nonprofit public interest firm, we've been doing this work for 23 years. and i'm not aware of any credible medical or scientific expert that would suggest that this boy, simply on the basis of his diagnosis, should be excluded from school. >> jeff, the school is saying that he poses a direct threat. the americans with disabilities act clearly says that in virtually no case does somebody who is hiv positive pose a direct threat in a public place. >> particularly public accommodations, which is the argument they're making is because this is a residential school, boarding school, he is a special risk. but the justice department specifically ruled that out and said that's not a legitimate justification, just as congress specifically amended the americans with disabilities act to make precisely clear that hiv status is not a basis in which you can discriminate against someone. this case seems like a very obvious result. >> ronda, by the school's logic, though, shouldn't then any college not have hiv-positive students because he has residential facilities and there's probably less supervision in college than there is at this academy? >> exactly. they're suggesting that there's something unique about the fact that the students sleep overnight that somehow increases the risk. i mean, the law and the science is clear, there's no risk for this child to be in the school or at a day camp or any other place. so the idea that if he's there when it gets dark somehow the risk is increased is really just a lack of information on their part. >> what's your reaction to the school's -- what appears to be the school's main concern that your client might become sexually active at some point in the time he is in this school because it goes all the way through 12th grade? >> we were pretty distressed to hear their opinion on this. we had tried to negotiate with the school for several months because we really just wanted to resolve it and get our student into school as quickly as possible. then after months to hear that their concern is that he was going to have sex. they haven't asked anything about him. they haven't talked to his family. they haven't talked to his providers. they just decided on his diagnosis and his age he's inappropriate for school. that's pretty distressing. >> you should think about the reasoning here. lots of high school kids who don't go to boarding school also have sex. presumably under this reasoning, you could exclude hiv students from day schools as well. i mean, the logic here is so discriminatory and so -- >> you think this is clear-cut discrimination. >> you know, i usually try to give both sides and, you know, not give categorical opinions. but i don't see any basis for the milton hershey school's position here. and it's particularly distressing because this is such a distinguished institution with such a great history of educating kids in need. >> they're clearly helping a lot of kids, but they're really doing damage to this child and frankly to anyone with hiv out in, the message that they are sending. what's the latest with regards to the actual lawsuit, rhonda? >> we filed our complaint. we haven't heard anything back from them, nothing's been filed. we'll proceed on a litigation path. it never should have gotten to this point. we're hoping this can be resolved promptly. lawsuits are difficult, painful events for all of the parties. we just wanted our student to be able to go to this prestigious school. we're as stunned as everyone else to find ourselves in this lawsuit. >> even if he wins, you know, he's probably going to have to give a deposition. this is going to be an ugly process for this poor kid to have to go through. even winning a lawsuit is a miserable experience and there's no reason this kid should have to go through it. >> we'll continue to follow it. i think it's a really important case. it says a lot about where we're at as a country. ronda feingold and jeff toobin. thanks for joining us. follow me on twitter @anderson cooper. i already tweeted about this, let us know what you think. "raw politics" next. mitt romney versus the latest anti-romney, newt gingrich. could this be the matchup? can newt knock off mitt? or is he just a polling sensation minus the punch to pull it off. what about his claim that poor kid have no work ethic? we'll have another answer to that problem involving donald trump from newt gingrich today. we'll explain that ahead. later he has the right to remain silent and a lot of lawyers say he should. why is alleged child molester jerry sandusky talking? and what's he saying about the charges against him. you'll hear about that. let's check in with isha. >> the florida a&m marching band is famous for its precision and style. now incidents of hazing are coming to light. up close new revelations in the alleged hazing death of the band's drum major. and eye opening inside details of the brutality that some drum band members endure. that and much more when 360 continues. band members endure. that and much more when 360 continues. band members endure. that and much more when 360 continues. band members endure. that and much more when 360 continues. band members endure. that and much more when 360 continues. g band members endure. that and much more when 360 continues. for convertibles, press star one. i didn't catch that. to speak to a representative, please say representative now. representative. goodbye! you don't like automated customer service, and neither do we. that's why, unlike other cards, no matter when you call chase sapphire preferred, you immediately get a person not a prompt. chase sapphire preferred. a card of a different color. 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[ ding ] oh, that's helpful! well, our company does that, too. actually, we invented that. it's like a sauna in here. helping you save, even if it's not with us -- now, that's progressive! call or click today. no mas pantalones! new polling shows newt gingrich continues to surge. the former house speaker who like to be known as an ideas man coming up with an answer to a problem he identified the other day. >> really poor children in really poor neighborhoods have no habits of working and have nobody around them who works. so they literally have -- they have no habit of showing up on monday. they have no habit of staying all day. they have no habit of i do this and you give me cash. unless it's illegal. >> that was newt gingrich last week. the remark set off a firestorm of controversy as he himself predicted. today after paying a call on donald trump he unveiled one of his ideas of combating the economy that he teach the poor kids the value of work. >> i recommend that he adapt a program of apprentices and create apprenticeships that would involve ten of the lower class schools in new york city and be paid for part time work. he liked the idea a lot. he understood exactly what i was getting at. >> new polling, one shows likely iowa caucus goers, 28% prefer newt gingrich and ron paul and mitt romney are tied for second place. in florida gingrich enjoys a massive lead. however in all those places he lacks the political organization that mitt romney has been building for years. the question is will romney's stellar sales force be enough when republican voters don't really seem to love what he's selling? paul begala and rich galin who once served as newt gingrich's spokesman join us now. paul, you say that he has the most important quality which is perseverance. >> he does. i have to admire that. he withstood withering attacks. tim pawlenty got out of the race -- there was nothing bad happening to him. people like me mocking him, hammering him, insulting him, and he took it. it's been rough. any normal person would be under the bed in the fetal position. so i'm not a fan of gingrich can don't agree with him, would not like it if he was my president. but setting that aside that kind of toughness is something i admire. >> you've also said, though, paul, you think gingrich as the republican nominee would be a godsend for democrat 1234z >> i say that with the caveat that my predecessors with interest in the carter white house said that about ronald reagan. every gingrich story ends the same way. i'm not even worried about the baggage of which he has more than -- if liza minnelli was checking into the plaza hotel with a full retina of massage therapists and horoscope readers, more than that. i'm worried for newt. i would be certain that he'll self-destruct. every story ends with newt and a can of gasoline and a bic lighter. i mean, if he runs, if he's the nominee, the president will have his hands full, i'm sure. but he may not make it that far. >> rich, i'd like to hear what you have to say about paul's vision of him as self-destructing. but also i've heard you say that despite the fact that he does have his fair share of baggage, he is a known quantity and that actually helps him. >> it does help him. let me go back to one more example of who you want to run against. when george h.w. bush was running against what we called in 1991, the seven zwar ofs, one of whom was phil clinton. everybody said if we could just have clinton, then we know we got this because we know who was taking the oath of office on january 20th the next year. for newt, the interesting irony in all this is that he is of washington and he has been covered by washington reporters for a quarter of a century. they know all this stuff. so they can't get into that sort of there's gambling back there claude rains kind of reporting when they find something out, like with rick perry and they found out the name of his fishing camp, as an example. so he does get a free ride on that. the business with the underprivileged children, you can say the same thing about families that live on the hamptons, by the way, that nobody there works either and the kids don't have any work ethic. >> paul, gingrich, i guess he's playing catch-up in terms of campaign organization. how much -- obviously, he's got momentum, but how much in the marathon that this is does ultimately the campaign organization play? >> well, i think we're learning that at least in 2012 probably less than in prior years. i mean, message matters most, momentum matters, organization matters. it's not nothing. i think gingrich probably wishes he had more people with him earlier. when you've got a message that's hot, people will flock to you. i've seen this before. and the organization that some of newt's opponents are building in iowa may very well turn out caucus attendees who caucus for gingrich. so i wouldn't put too much in organization. i think it's more important to have a message and stick to it. however his message apparently is that 9-year-olds instead of going to school in the inner city should be cleaning urinals or working in the boiler room and now ten kids are going to have an apprenticeship with donald trump. he does know that's a tv show? doesn't he? i'm going to call my friend andy bernard at dundermifflin in scranton, and he'll give them jobs. >> the republicans have changed this year that's a departure. and that is that caucuses and primaries between now and april 1st are proportional. there's no winner take all in those first three months, and it was designed to make the process stretch out so that all the states didn't try to crowd up to the front. and that does, i think, argue for some level of organization as you move out of the first three or four states and get into february and march, march 6th is supertuesday, california and new jersey aren't all the way until june. i'm not sure that organization won't matter. >> if you were advising candidates, gingrich and santorum have agreed to appear in this forum that donald trump will be moderating. if you were advising candidates, would you suggest they go an