Careful
You have to be very mindful of the law--HIPPA and FERPA especially. Sharing information even with parents at times is illegal if the student opts not to grant them access.
Linda,
Exactly. Just remember that those federal laws (HIPPA and FERPA) are the guiding *legal* principles when it comes to sharing disability-related information, but the *reason* we want to keep the information protected has to do with privacy and dignity, rather than secrecy.
Dr. Jane Jarrow
What a monster HIPPA has created, I do understand its principal in keeping certain information private or confidential, but an individual with a "learning disability" be it physical or mental, needs to be shared with the instructor. Without having that information it could easily be perceived that the "student" is not working to his/her potential. Having that information you would certainly help to understand what to expect and try to implement new teaching habits to help that individual succeed. In doing so, you can help them achieve their dream, become successful, and that can only improve their dignity and self confidence.
Russell,
Actually, HIPPA has nothing to do with information about a student's disability at the postsecondary level. That information is part of the student's file protected by FERPA, and the information is only to be shared if there is a "legitimate educational interest" -- in other words, only if you would or should do something differently because of the information.
Dr. Jane Jarrow
This is interesting. At the college where I work, we recently added a question to our enrollment paperwork. This was initiated because our faculty felt that they were not aware of any 'conditions, allergies, learning disabilities, or adversities' that their students may have. We actually ask enrollee's to answer this question, Do you have any 'conditions, allergies, learning disabilities, or adversities'? Sometimes the information is super helpful, such as receiving information such as, 'I'm Dyslexic'. Appropriate faculty receive the information prior to the beginning of a new class. Mind you...the people who answered this question never asked for accommodation. However, the information really helps our faculty and homework graders understand why someone may have a bit more difficulty with tasks. I wonder if it is legal for us to even ask this question?
Marsha,
If the institution is completely "open enrollment" -- if no one is ever turned away, then the question might not be strictly illegal. But if there is EVER evidence that, following such a disclosure, a student was "counseled out" (that is, told that it did not seem advisable for him/her to proceed because the disability would make it difficult for them to succeed), then the institution has just crossed the line into forbidden territory. I would suggest that someone there talk to the college attorney. The strictures about "no pre-admission inquiry" are pretty strict.
Dr. Jane Jarrow
