I 
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. BOU-
CHER, Mr. REYES, Mr. BACA, Mr. RODRIGUEZ, Mr. BONNER, Mr. GAR-
RETT of New Jersey, Mr. ROGERS of Alabama, Mr. HASTERT, Mr. DAN-
IEL 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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mental Health Secu-
rity for America’s Families in Education Act of 2007’’. 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Many young adults experience symptoms of 
mental illness. A 2006 survey by the American Col-
lege Health Association reports that nearly 15 per-
cent of students in college are diagnosed with de-
pression. One in 4 adults experience symptoms of 
mental illness in their lifetime, according to the Na-
tional 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 Sui-
cide Prevention Resource Center, suicide is the sec-
ond leading cause of death among college students. 
(3) Many youth and young adults with mental 
illness are exposed to bullying, harassment, mal-
treatment, 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 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
students in the United States, 526,000 students ex-
perienced violent crimes (rape, robbery, aggravated 
assault, and simple assault). A significant percent-
age 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 treat-
ment of mental illness. Withholding referrals and 
treatment, however, can be detrimental to the recov-
ery and prognosis of patients. 
(7) Confidentiality is the cornerstone of the 
doctor-patient relationship, but when there is a sig-
nificant risk to the health or safety of a student or 
others (including suicide, homicide, or physical as-
sault), 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 oth-
ers. 
(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 regard-
ing their own care and treatment. 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
(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 ill-
ness, by providing emotional support, medical his-
tory, 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 Pri-
vacy 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 con-
nection with an emergency, to appropriate persons if 
the knowledge of such information is necessary to 
protect the health or safety of the student or oth-
ers.’’ The unintended consequence of FERPA, how-
ever, is that school personnel, administrators, and 
teachers who have little or no training in mental 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
health and mental illness are burdened with defining 
and determining if a student is at risk. These edu-
cational personnel are reluctant to release informa-
tion 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 essen-
tial 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 institu-
tion 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 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
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 him-
self 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 ex-
pression 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 lo-
cated and who is licensed by the appro-
priate entity to provide mental health serv-
ices and treatment; and 
‘‘(ii) is acting in accordance with the 
ethical and professional standards gov-
erning such professional; and 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
‘‘(B) obtains a written certification from 
such professional that the professional has rea-
son to believe— 
‘‘(i) that such conduct of, or expres-
sion 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 as-
sault; 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.—Notwith-
standing subsection (d), an educational agency or in-
stitution of higher education may disclose informa-
tion to a parent or legal guardian of a student who 
is a dependent (as defined in section 152 of the In-
ternal Revenue Code of 1986) for the purposes of 
and in accordance with the requirements of this sub-
section, regardless of whether the student has at-
tained eighteen years of age, or is attending an insti-
tution of postsecondary education. 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS
‘‘(4) PROTECTION
OF
EDUCATIONAL
AGENCY 
OR INSTITUTION.—An educational agency or institu-
tion that, in good faith, discloses education records 
or other information (including records described in 
clauses (ii) or (iv) of subsection (a)(4)(B)) in accord-
ance 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 edu-
cational agency or institution from taking such other 
action as the agency or institution determines to be 
necessary to protect the safety of students.’’. 
Æ 
VerDate Aug 31 2005 
21:41 May 09, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H2220.IH
H2220
sroberts on PROD1PC70 with BILLS