[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2220 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2220

  To permit educational agencies and institutions to disclose certain 
 information to parents of students who may pose a significant risk to 
   their own safety or well-being, or to the safety or well-being of 
                                others.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2007

   Mr. Tim Murphy of Pennsylvania (for himself, Mrs. Napolitano, Mr. 
Boucher, Mr. Reyes, Mr. Baca, Mr. Rodriguez, Mr. Bonner, Mr. Garrett of 
 New Jersey, Mr. Rogers of Alabama, Mr. Hastert, Mr. Daniel E. Lungren 
 of California, Mr. Kuhl of New York, Mr. Gingrey, Mr. McCotter, Mrs. 
    Schmidt, Mr. Hayes, Mr. Conaway, and Ms. Fallin) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
  To permit educational agencies and institutions to disclose certain 
 information to parents of students who may pose a significant risk to 
   their own safety or well-being, or to the safety or well-being of 
                                others.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mental Health Security for America's 
Families in Education Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Many young adults experience symptoms of mental 
        illness. A 2006 survey by the American College Health 
        Association reports that nearly 15 percent of students in 
        college are diagnosed with depression. One in 4 adults 
        experience symptoms of mental illness in their lifetime, 
        according to the National Institute of Mental Health.
            (2) The American College Health Association reported in a 
        2005 survey of college students that 11 percent of women and 9 
        percent of men have considered suicide. According to a study by 
        the Suicide Prevention Resource Center, suicide is the second 
        leading cause of death among college students.
            (3) Many youth and young adults with mental illness are 
        exposed to bullying, harassment, maltreatment, and social 
        alienation by other students and adults, which can exacerbate 
        their conditions.
            (4) In 2005, a national survey of Counseling Center 
        Directors reported a 14 percent increase in severe 
        psychological problems (including self-injury) among students 
        during the period from 2000 to 2005.
            (5) According to a 2003 report by the Bureau of Justice 
        Statistics, out of the 7,700,000 college students in the United 
        States, 526,000 students experienced violent crimes (rape, 
        robbery, aggravated assault, and simple assault). A significant 
        percentage of students involved in violent crime may also have 
        symptoms of a diagnosable mental illness.
            (6) Years of research findings have concluded that mental 
        health services provided by properly trained professionals can 
        be effective in the treatment of mental illness. Withholding 
        referrals and treatment, however, can be detrimental to the 
        recovery and prognosis of patients.
            (7) Confidentiality is the cornerstone of the doctor-
        patient relationship, but when there is a significant risk to 
        the health or safety of a student or others (including suicide, 
        homicide, or physical assault), it may serve the best interest 
        of the student to inform persons who can provide the necessary 
        help to protect the student, fellow students, and others.
            (8) Common symptoms of mental illness include impaired 
        judgment, confusion, emotional disorders, social withdrawal, 
        and impulsivity, all of which limit a person's ability to make 
        rational decisions regarding their own care and treatment.
            (9) Parents and legal guardians of a student may be in the 
        best position to supply essential help to a student suffering 
        from significant mental illness, by providing emotional 
        support, medical history, coordinating care with various mental 
        health and medical professionals, and long term follow-up.
            (10) The Federal Government, in recognition of the value of 
        the parental role in the treatment of children, requires that a 
        parent must be involved in every level of the evaluation and 
        treatment decisions regarding a special needs child in a school 
        setting. However, the value of parental involvement should not 
        end when a student has attained 18 years of age.
            (11) The Family Educational Rights and Privacy Act (FERPA) 
        of 1974 was originally intended to protect the confidentiality 
        of student grades and records. Exceptions in FERPA to the 
        confidentiality requirements permit the release of records ``in 
        connection with an emergency, to appropriate persons if the 
        knowledge of such information is necessary to protect the 
        health or safety of the student or others.'' The unintended 
        consequence of FERPA, however, is that school personnel, 
        administrators, and teachers who have little or no training in 
        mental health and mental illness are burdened with defining and 
        determining if a student is at risk. These educational 
        personnel are reluctant to release information to parents for 
        fear of legal action. These issues create barriers and delays 
        for informing families even when schools are concerned that 
        students may be a risk to themselves or others.
            (12) It is important, compassionate, and essential that 
        laws should facilitate, not inhibit, parent-child communication 
        that aids proper treatment for mental illness when deemed 
        appropriate.

SEC. 3. MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY.

    The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 
1232g) is amended by adding at the end the following new subsection:
    ``(k) Mental Health Disclosures for Student Safety.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section or the Higher Education Act of 1965 (20 U.S.C. 
        1001 et seq.), and subject to paragraph (2), an educational 
        agency or institution of higher education may disclose, to a 
        parent or legal guardian of a student who is a dependent (as 
        defined in section 152 of the Internal Revenue Code of 1986), 
        information related to any conduct of, or expression by, such 
        student that demonstrates that the student poses a significant 
        risk of harm to himself or herself, or to others, including a 
        significant risk of suicide, homicide, or assault.
            ``(2) Certification by a licensed mental health 
        professional.--An educational agency or institution shall not 
        disclose any information under this subsection that is not 
        otherwise authorized to be disclosed under this section unless 
        the educational agency or institution--
                    ``(A) with respect to the conduct of, or expression 
                by, a student described in paragraph (1), consults with 
                a mental health professional who--
                            ``(i) is approved by the State in which the 
                        educational agency or institution is located 
                        and who is licensed by the appropriate entity 
                        to provide mental health services and 
                        treatment; and
                            ``(ii) is acting in accordance with the 
                        ethical and professional standards governing 
                        such professional; and
                    ``(B) obtains a written certification from such 
                professional that the professional has reason to 
                believe--
                            ``(i) that such conduct of, or expression 
                        by, the student demonstrates that the student 
                        poses a significant risk of harm to himself or 
                        herself, or to others, including a significant 
                        risk of suicide, homicide, or assault; and
                            ``(ii) the possession of the knowledge of 
                        such information by the parent or legal 
                        guardian of the student may protect the health 
                        or safety of the student or other persons.
            ``(3) Dependent students.--Notwithstanding subsection (d), 
        an educational agency or institution of higher education may 
        disclose information to a parent or legal guardian of a student 
        who is a dependent (as defined in section 152 of the Internal 
        Revenue Code of 1986) for the purposes of and in accordance 
        with the requirements of this subsection, regardless of whether 
        the student has attained eighteen years of age, or is attending 
        an institution of postsecondary education.
            ``(4) Protection of educational agency or institution.--An 
        educational agency or institution that, in good faith, 
        discloses education records or other information (including 
        records described in clauses (ii) or (iv) of subsection 
        (a)(4)(B)) in accordance with the requirements of this 
        subsection shall not be liable to any person for that 
        disclosure.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit an educational agency or 
        institution from taking such other action as the agency or 
        institution determines to be necessary to protect the safety of 
        students.''.
                                 <all>