20 U.S.C. § 1161l–4: Guidance on mental health…

Summary

The Secretary must keep giving plain guidance that explains when colleges and universities can share a student’s education records with a parent or legal guardian of a dependent student. This applies if the student shows they are a significant risk of harm to themselves or others, including suicide, homicide, or assault. The guidance also says a college that, in good faith, shares records or other information under this law and under the Family Educational Rights and Privacy Act of 1974 (FERPA) will not be legally responsible for that sharing. The Secretary must send an update to the authorizing committees about these guidance activities no later than 180 days after August 14, 2008.

Title 20, §1161l–4

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(a)Guidance

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)Information to Congress

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.

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.

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