20 U.S.C. § 1161l–4 — Guidance on mental health disclosures for student safety
submitted 18 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 157 words · no verdicts yet
The Secretary must continue issuing guidance about when institutions may disclose education records to protect a student or others from a significant risk of harm. Good-faith disclosures complying with this chapter and the cited student-records law do not create liability for the institution.
(a) Guidance. The Secretary* must continue providing guidance explaining the role of institutions of higher education in disclosing education records, including to a dependent student’s parent or legal guardian, when the student shows a significant risk of harming himself or herself or others, including a significant risk of suicide, homicide, or assault. The guidance must also explain that an institution that, in good faith, discloses education records or other information as required by this chapter and 20 U.S.C. § 1232g (commonly called the “Family Educational Rights and Privacy Act of 1974”) is not liable to any person for that disclosure.
(b) Information to Congress. Within 180 days after August 14, 2008, the Secretary must update the authorizing committees* about the Secretary’s activities under subsection (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.
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.
Source credit: (Pub. L. 89–329, title VIII, § 825, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3412; amended Pub. L. 111–39, title VIII, § 801(8), July 1, 2009, 123 Stat. 1956.)
- 2008Enacted · Pub. L. 89-329 · 122 Stat. 3412
- 2009Amended · Pub. L. 111-39 · 123 Stat. 1956
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 2008-08-14.
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