A Pennsylvania 9th-grader is considering whether to enroll in the Milton Hershey School following the private boarding school’s decision to treat HIV-positive applicants the same as others.

The school said Monday it was adopting the new policy and had offered admission to the boy, who lives in the Philadelphia area.

The school says it still believes its decisions were appropriate, but made the changes after getting guidance to the contrary from the U.S. Department of Justice.

The boy’s federal lawsuit against the Milton Hershey School remains pending in Philadelphia federal court.