The Milton Hershey School was founded by the chocolate tycoon as a school that "nurtures and educates children in social and financial need to lead fulfilling and productive lives."

But it seems that fulfillment won’t be coming for a 13-year-old honor student from Delaware County who is infected with the virus that causes AIDS.

"I feel no other teenager should go through this, being denied just because they have HIV," the boy said in an exclusive interview with NBC Philadelphia’s Denise Nakano.

His lawyer has filed a discrimination suit in U.S. District Court that alleges that the Hershey School "violated multiple anti-discrimination laws" by not admitting the boy based on him being HIV Positive.

The lawsuit was filed under a pseudonym and the boy and his mother's identities weren't revealed per their request.

The private boarding school doesn’t deny that they rejected the boy’s admission because of concerns for the health and safety of fellow students. They even petitioned to have the court review the case, they said.

Milton Hershey School released a statement Wednesday saying in part that “in order to protect our children in this unique environment, we cannot accommodate the needs of students with chronic communicable diseases that pose a direct threat to the health and safety of others.”

(The entire statement from the Hershey School is listed below.)

Ronda Goldfein from the AIDS Law Project is representing the boy and his mother in the federal discrimination lawsuit.

"If you have a school that’s open to the public, then it’s open to the public," Goldfein said. "If you have a student that has a particular need and requests assistance, then you accommodate. You don’t simply say we don’t like you, we don’t like your diagnosis, you can’t come here."

"It makes me angry, like really, really angry because they don't understand how great he is," the boy's mother said.

The 13-year-old has lived with HIV all of his life but doesn’t feel it defines him.

He excels in school, is active in sports and is learning to speak two foreign languages. He was hoping to go to Hershey -- a cost-free, private boarding school for children from low-income families -- to advance his education.

"They didn’t look at whether my client presented any threat, they just said 13-year old boy with HIV, oh no, that’s too dangerous," Goldfein said.

The lawsuit calls for Hershey to admit the boy and give unspecified monetary damages.

"I think that it was wrong to put me through emotional distress," the boy said.

Here is the entire statement from the Hershey School: