[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Senate]
[Pages 5847-5848]
[From the U.S. Government Publishing Office, www.gpo.gov]




      FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT AMENDMENTS OF 2008

  Mr. WEBB. Madam President, as we approach the anniversary of the 
Virginia Tech tragedy, I am introducing legislation to implement one of 
the key recommendations from the Virginia Tech Review Panel that was 
formed by Gov. Tim Kaine to examine some of the issues that arose 
following the shooting.
  It is exactly 1 year this week when a disturbed young man took the 
lives of 32 students and faculty and wounded several others on the 
campus of Virginia Tech. I commend the Virginia Tech community for 
pulling through such a difficult time and for the tremendous amount of 
courage they displayed. I also wish to extend my continuing sympathy to 
the families of the students and faculty who were directly impacted by 
these shootings.
  On April 19, 2007, 3 days after the Virginia Tech shooting, Governor 
Kaine announced the formation of the Virginia Tech Review Panel to 
perform a review of the events of April 16. This panel included 
individuals with the expertise and autonomy necessary to conduct a 
comprehensive review. These nationally recognized individuals brought 
expertise in many areas, including law enforcement, security, 
governmental management, mental health, emergency care, victims' 
services, the Virginia court system, and higher education.
  The genesis for the legislation I am introducing is the report 
prepared by this panel and released to the public in August 2007. A 
similar report was prepared for President Bush by the Attorney General 
and the Secretaries of Health and Human Services and Education in 
follow-up to meetings with various experts across the country. Both 
reports documented serious concerns from individuals in various 
communities throughout Virginia and the Nation regarding the treatment 
of student medical records.
  One main theme that kept resonating in various communities was 
concern with the appropriate balance between providing for the safety 
of our communities while at the same time protecting privacy rights. 
Too many college administrators are unsure how to

[[Page 5848]]

balance the right to privacy against public safety, and Federal law and 
regulations are of little help.
  This bill simply attempts to clear up any ambiguity that currently 
exists within the Family Educational Rights and Privacy Act, known as 
FERPA, which allows for the sharing of student educational records in 
order to protect the health or safety of a student or the general 
public.
  FERPA, written in 1974, was created at a time when schools did not 
provide the health care services they do today. According to the 
National Institute of Mental Health, half of all lifetime cases of 
mental illness begin by age 14. Schools today, whether they are K-12 or 
a post-secondary institution, have critical student health records in 
their hands.
  It is important for Congress to ensure that we provide our school 
officials, administrators, and counselors clear Federal guidelines to 
protect the privacy and to ensure the safety of our students. My bill 
attempts to address the concerns raised by school officials, 
administrators, and institutions in interpreting FERPA.
  If one looks back at the recommendations of the Virginia Tech Review 
Panel, one notices that a key resounding issue is the misinterpretation 
of Federal and State privacy laws. My bill does three things to amend 
FERPA so that tragic situations such as the one at Virginia Tech are 
less likely to occur. First, it adds an explicit ``safe harbor'' 
provision to make clear that no violation of FERPA occurs if a school 
official discloses information in a good-faith belief that it is 
necessary to protect the health or safety of a student or the general 
public. Second, it clarifies how FERPA applies to student treatment 
records held for treatment purposes. Third, it clarifies the emergency 
exception in FERPA to emphasize that in an emergency, information-
sharing is allowed if done in a good-faith belief that doing so will 
protect against a possible threat to the health or safety of a student 
or the general public.
  This is a straightforward attempt to address several recommendations 
that were made by the Virginia Tech Review Panel in clarifying the 
widespread perception that information privacy laws make it difficult 
to respond effectively to troubled students. It is important for school 
officials to use their best professional judgment in deciding when to 
disclose or not to disclose information without fear of violating 
Federal educational privacy laws.
  There is widespread agreement that existing law is in need of 
clarification. In this regard, I note that the Department of Education 
proposed a rule on March 24 of this year, which is an attempt to 
clarify and give guidance to university administration on what they can 
and cannot do in handling treatment records. I believe this bill is a 
more direct and effective way to achieve that desired clarity.
  Together with the passage of the Mental Health Parity Act in both the 
House and Senate and other measures to ensure access to mental health 
services, my bill will be a good step in addressing this growing issue 
of mental disorders that is all too common in many communities. I look 
forward to working with my colleagues in the Senate for quick passage 
of the Family Educational Rights and Privacy Act Amendments of 2008.
  Madam President, I yield the floor, I thank the Chair, and I suggest 
the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. BOXER. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so 
ordered.

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