S. 2859 would amend the Family Educational Rights and Privacy Act of 1974 to clarify limits on disclosure of student health records.
Detailed Summary
Family Educational Rights and Privacy Act Amendments of 2008 - Amends the Family Educational Rights and Privacy Act of 1974 to declare that nothing in the Act prohibits a physician, psychiatrist, psychologist, or other healthcare professional or paraprofessional from consulting with or disclosing treatment records on a student who is 18 years old or older or who is attending a postsecondary educational institution to a healthcare professional or paraprofessional outside the educational institution in connection with the provision of treatment to the student.
Prohibits deeming the release by an educational institution of education records or related personally identifiable information, in the good faith belief that such release is necessary to protect against a threat to the health or safety of the student or other persons, to be a failure to comply with the Act regardless of whether it is subsequently determined that the specified conditions for such release did not exist.
Allows the release of education records to appropriate persons in an emergency if the knowledge of that information is necessary, according to the good faith belief of the educational institution or persons to whom the disclosure is made, to protect the health or safety of the student or other persons.
Status of the Legislation
Latest Major Action: 4/15/2008: Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Points in Favor
(Log in to edit the wiki and be the first to show why the bill should pass!)
Points Against
(Log in to edit the wiki and be the first to show why the bill should not pass!)
Visitor Comments
Useless
This bill should NOT be passed in its present form. The USDE Family Policy Compliance Office won't enforce it and the courts can't. FERPA is currently a law without any teeth and the S.2859 does nothing to change that.