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Title 20, EducationRelease 119-73not60

§1161l–4 Guidance on Mental Health Disclosures for Student Safety

Title 20 › Chapter 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter IX— ADDITIONAL PROGRAMS › Part L— Student Safety and Campus Emergency Management › § 1161l–4

Last updated Apr 5, 2026|Official source

Summary

Secretary must keep issuing clear guidance to colleges about when they can tell a parent or guardian of a dependent student if the student poses a serious risk to themselves or others, including suicide, homicide, or assault. Guidance must say a college acting in good faith under this law and FERPA isn't liable. Secretary must report to authorizing committees not later than 180 days after August 14, 2008.

Full Legal Text

Title 20, §1161l–4

Education, Source: USLM XML via OLRC

(a)The Secretary shall continue to provide guidance that clarifies the role of institutions of higher education with respect to the disclosure of education records, including to a parent or legal guardian of a dependent student, in the event that such student demonstrates that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault. Such guidance shall further clarify that an institution of higher education that, in good faith, discloses education records or other information in accordance with the requirements of this chapter and section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) shall not be liable to any person for that disclosure.
(b)The Secretary shall provide an update to the authorizing committees on the Secretary’s activities under subsection (a) not later than 180 days after August 14, 2008.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–39 substituted “commonly known as the ‘Family Educational Rights and Privacy Act of 1974’ ” for “the Family Educational Rights and Privacy Act of 1974”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1161l–4

Title 20, Education

Last Updated

Apr 5, 2026

Release point: 119-73not60