Sec. 302. Caregivers permitted access to certain education records under FERPA
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Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) is amended by adding at the end the following new subsection: Nothing in this Act, the Elementary and Secondary Education Act of 1965, or the Higher Education Act of 1965 shall be construed to prohibit an educational agency or institution from disclosing, to a caregiver of an individual with a serious mental illness who has not explicitly provided consent to the agency or institution for the disclosure of protected health information, an education record of such individual if a physician, psychologist, or other recognized mental health professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity reasonably believes such disclosure to the caregiver is necessary to protect the health, safety, or welfare of such individual or the safety of one or more other individuals.
In this subsection: The term caregiver means, with respect to an individual with a serious mental illness, a family member or immediate past legal guardian who assumes a primary responsibility for providing a basic need of such individual (such as a family member or past legal guardian of the individual who has assumed the responsibility of co-signing a loan with the individual). Notwithstanding subsection (a)(4)(B), the term education record shall include a record described in clause
(iv)of such subsection. The term individual with a serious mental illness means, with respect to the disclosure to a caregiver of protected health information of an individual, an individual who— is 18 years of age or older; and has, within one year before the date of the disclosure, been evaluated, diagnosed, or treated for a mental, behavioral, or emotional disorder that— is determined by a physician to be of sufficient duration to meet diagnostic criteria specified within the Diagnostic and Statistical Manual of Mental Disorders; and results in functional impairment of the individual that substantially interferes with or limits one or more major life activities of the individual. .
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Sec. 302
Caregivers permitted access to certain education records under FERPA
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