Confidentiality and Disability
Guidelines for Faculty

The following information was featured in a brochure prepared by the Association on Higher Education and Disability (AHEAD). This organization serves as a resource for colleges and universities by providing support for students with disabilities. Students with disabilities are protected from discrimination under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Discrimination often occurs as a result of attitudinal barriers and misconceptions regarding the potential of persons with disabilities.

Best Practices Regarding Confidentiality:

Treat disability-related information the same way as medical information


• The new HIPAA Law requirements states that there are serious legal and financial penalties for not following the provisions of the law. Disability information includes documentation required to provide proof of a specific disability.


Disability-related information should be collected and maintained in a separate location from other college information.


• Documentation of a student’s disability should be kept in the Disability Support Services Office. Faculty have no right to access the actual documentation , test scores, counseling records, dates, or the names of the professionals who provided such information.



• Disclosure of specific disability-related information to those without a legal right to know may lead to charges against the college, administrators and faculty.



• Listings of students with disabilities should not be circulated throughout the institution.



• Regarding FERPA (the Buckley Amendment), faculty may have access to students’ educational records, but treatment and disability records are not permitted for faculty use.

What if there is a need to know about a disability?

On- campus housing accommodations:

If a student needs special accommodations for on-campus housing, that information must be shared with the appropriate staff. The Residential Life Office needs to have disability- related information in order to provide a suitable room.

Classroom setting accommodations:

In a classroom setting, a student may request accommodations. The professor does not need to see the documentation related to the disability, but, the student should present to the professor an Accommodation Form verifying the need for the requested accommodations. The Coordinator of Disability Support Services distributes the Accommodation Forms to the student after reviewing the student’s documentation. The disclosed information should remain confidential.

Safety issues:

Some students have disabilities that are life-threatening or potentially fatal, such as AIDS or Hepatitis C. The concept of “universal precautions” means that we treat all students, not just those with disabilities, as if they had these diseases. Laws protect these students’ confidentiality to such an extreme that record-keeping is carefully proscribed. The Wellness Center staff has the expertise to provide faculty with assistance in devising universal precaution guidelines if they are not in place.

This is a very confusing area that makes many faculty nervous about how and what they can do to provide assistance safely and impartially. Respecting personal privacy and working with the staff in the Disability Support Services Office can only be helpful. Communication and support are useful tools we all can use.