Procedures Regarding Psycho-Educational Evaluations and Related Medical Records
Landmark College accepts the Association on Higher Education and Disability’s (AHEAD) interpretation of the Family Educational Rights and Privacy Act of 1974 (FERPA) regarding disability-related information. Specifically, disability-related information “should be treated as medical information and handled under the same strict rules of confidentiality as is other medical information. This includes the comprehensive documentation from an appropriate source that persons with disabilities are often required to provide to establish the existence of their disability and their need for accommodation or consideration,” (emphasis added).*
AHEAD further maintains that:
"In the U.S., the Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Buckley Amendment, provides students with access to their own educational records. . . Treatment records of a physician, psychiatrist, psychologist, or other recognized professionals are exempt from disclosure under FERPA." (emphasis added).**
The medical records, including psycho-educational evaluations and related information, are therefore not part of the educational record of the student, and may not be disclosed. As detailed in 34 CFR Part 99, Subpart A, the term ‘education records’ does not include “Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are . . . Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity.”**
In accordance with federal law, Landmark College will not transfer, release, disclose, or otherwise offer for inspection for any purpose those records that are exempt from disclosure under FERPA, specifically including psycho-educational and related records.
* From the Association on Higher Education and Disability’s pamphlet “Confidentiality and Disability Issues in Higher Education” (2001).
** From the Association on Higher Education and Disability’s pamphlet “Confidentiality and Disability Issues in Higher Education” (2001).