The right to disclose information concerning a disability is assigned to the individual with a disability. The Family Education Rights and Privacy Act (FERPA) reinforces this right. The intent of the confidentiality policy is to protect student rights to privacy and prevent the potential for discrimination or harassment. Institutional policies generally will require a written release before this private information can be shared with a designated person(s). Although under FERPA, information such as name, major fields of studies, or enrollment status are considered public information, disability-related material is exempt from this act; all disability-related material is considered private. Disability-related information should be kept in a secure location with limited access.
 | Video Clip: Disregarding Privacy Duration: 0.8 minutes  |
Under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) in the United States, students are protected from disability-related discrimination. An important aspect of this protection is that programs (administrators, faculty, etc.) are limited to when, what, and where they can ask about disability. Furthermore, programs must take every precaution to safeguard the confidentiality of disability-related information.
