Disability & Confidentiality

Federal Educational Rights and Privacy Act (FERPA)

All student record information is governed by FERPA (Sometimes referred to as the Buckley Amendment).

Student Rights

• The right to inspect and review education records
• The right to seek to amend education records
• The right to have some control over the disclosure of information from education records
• This pertains to any educational institution receiving federal funding, including Baker University

Information received concerning persons receiving or requesting disability services will be kept confidential unless the student signs a release of information. Once the individual is 18 years old or begins attending any post-secondary institution, including college, he or she has the right to deny the parents' access to educational records. It is important that the person(s) responsible for maintaining confidential records obtain permission to release before disclosing any information to parents, spouses, or friends. It doesn't matter who is paying tuition.

From Section 418A of the Higher Education Act of 1965, as amended by the Education Amendments of 1980, 20 U.S.C., 1232g, Regulations: 34 CFR, Part 99 (updated 3/99)

Confidentiality Guidelines

The Office of Disability Resources, in an attempt to provide confidentiality and to develop a trusting relationship with students, generally will treat disability information as medical information and will handle it under the same strict rules of confidentiality as other medical information. Included in this category of information is the comprehensive documentation from an appropriate source that people with disabilities must provide to establish the existence of their disability and the need for accommodation or consideration. It is ethically inappropriate to release information without the student's permission unless in extreme circumstances, as discussed below.

Disability-related information will be shared only on a limited basis within the Baker University community. It may be shared only when an administrator, faculty or staff member has a compelling reason to seek information regarding some specific aspect of this confidential information. Unless there is a threat to an individual's safety or an emergency situation, the student' s consent must be given before providing copies of medical/psychological documentation to a third party. The student gives his or her consent by signing a Release of Information form.

According to FERPA's confidentiality guidelines, one office or individual on campus should be assigned the responsibility of collecting and holding disability-related documentation for students with disabilities. Baker University College of Arts and Sciences has delegated the authority to certify disabilities and to prescribe specific academic accommodations and support services for students with documented disabilities to the staff of the Office of Disability Resources. The coordinator of Disability Resources is responsible for confidentiality.