Senator Webb Introduces Measure To Improve Safety On College Campuses

Legislation Based on Recommendations of Virginia Tech Review Panel

April 15, 2008 -- Washington, DC - Senator Jim Webb (D-VA) today introduced legislation that would clarify how and when educational institutions can share students’ treatment records when a student poses a threat to himself or others.

The legislation comes on the heels of two reports, commissioned in the wake of the Virginia Tech tragedy, by Virginia Governor Tim Kaine and President Bush. The reports found that confusion among school officials, administrators and institutions in interpreting federal education privacy law is often a barrier to taking proactive campus safety measures.

“It is exactly one year ago this week when a disturbed young man took the lives of 32 students and faculty, and wounded several others on the campus of Virginia Tech,” said Senator Webb. “In the wake of the tragedy, two review panels found that misinterpretation of federal and state privacy laws stand as a barrier to responding to and addressing troubled students and reports of potential threats.”

“It is important for Congress to ensure that we provide our school officials, administrators and counselors clear federal guidelines to both protect the privacy and ensure the safety of our students,” continued Webb. “Together with the passage of the Mental Health Parity Act in both the House and Senate and other measures to ensure access to mental health services, my bill will be a good step in helping college administrators respond to growing incidences of mental illness.”

“I look forward to working with my colleagues in the Senate for quick passage of the Family Educational Rights and Privacy Act Amendments of 2008,” concluded Webb.

The Family Educational Rights and Privacy Act (FERPA) was enacted more than 30 years ago and was intended to protect the privacy of student education records generally. It was not designed to deal with student treatment records. As schools serve a more significant role as health care providers, proponents believe Senator Webb’s legislation is necessary to clarify when and how FERPA allows the sharing of student treatment records.

Senator Webb’s bill is intended to clarify the applicability of FERPA to treatment records at college clinics. The bill also creates an explicit “safe harbor provision” making clear that good faith disclosures of information for health or safety reasons without fear of violating the federal educational privacy law.

“The problem with FERPA is not its actual provisions, but the significant lack of understanding among the public of its actual provisions,” said Steven J. McDonald, a FERPA expert and General Counsel at Rhode Island School of Design. “Efforts to clarify points of confusion and correct misunderstandings are quite welcome.”

To read Senator Webb’s floor speech introducing this legislation, please go to: http://webb.senate.gov/pdf/floorstatmentferpabill.pdf

The Family Educational Rights and Privacy Act Amendments of 2008 would:

· Eliminate ambiguity that currently exists in FERPA as to the sharing by on-campus health care providers of students’ medical records with off-campus health care providers when both are involved in treating the student. This section of the bill is meant to confirm that such information sharing is not prohibited by the federal education privacy law.

· Provide a “safe harbor” provision which ensures school officials that disclosure of information in emergency situations is allowed. Schools are reassured that they will not be in violation of FERPA if they choose to share information in a good faith belief that disclosure is necessary to protect the safety of the student or other persons.

· Clarify the emergency exception section in FERPA that allows for information sharing during an emergency. This bill would add a good faith provision in the emergency exception to protect against a potential threat to the health or safety of a student or other persons. Decisions about when an emergency disclosure is needed often must be made at a moment’s notice, and school officials may otherwise choose to err on the side of caution for fear of potential liability to teachers, administrators, or institutions.

Source: Senator Jim Webb

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