Very little research has been done in South Africa on HIV/AIDS and education. This article is a small attempt to plug the gap. The purpose of the research is to investigate the legal and policy provisions and implications regarding HIV/AIDS for rural and township schools in the Mpumalanga district of South Africa. It seeks to answer three questions: (1) What is the status of policy and legislation on HIV/AIDS and Education in South Africa? (2) How do schools understand, respond to and manage issues of law and policy regarding HIV/AIDS? (3) What are the possible areas of conflict between legal and policy provisions and educational practices and behaviours? After examining the different laws relating to HIV/AIDS and education in South Africa a case study approach is used to explore the research questions in a number of rural and township schools. The findings highlighted a general ignorance of basic human rights issues, the right to confidentiality, the right to security from discrimination if it is known that a teacher or a pupil is HIV positive, the right to privacy and the right, under certain circumstances, to disclosure. The findings also reveal a distance between policy and practice so that schools need to develop vigilance with respect to any legal challenges that they might face at a local level. The findings also show that governing bodies should be made aware of the general legal issues surrounding the individual and HIV/AIDS before they can introduce fair and balanced policies.