Confidentiality and Student Records

Macalester College/Disability Services recognizes that student disability records contain confidential information. Disability Services staff is sensitive to the needs of students both with documentation and in discussions regarding student needs or accommodations.

All disability-related information submitted for the purpose of receiving accommodations is maintained under the care of the Disability Services office in an electronic format/confidential database. Paper files are not kept on students in order to ensure confidentiality and to continue efforts towards Macalester’s sustainability goals. Only limited professional DS staff have access to documentation information.

General Confidentiality Guidelines

• DS staff views all materials pertaining to a student’s disability as confidential based upon legal guidance regarding the treatment of this information.
• Disability file information is not maintained as part of a student’s Macalester academic record.
• Disability information may be released when a student has signed a Release Of Information (ROI) form, or in specific cases as listed below:
  • Staff and administration have the right to limited information regarding a student if they have a legitimate educational interest or “need to know”. These interests include accommodating a disability, behavior, health, or safety of the student and are limited in scope.
  • The immediate/emergency health or safety of the student or safety of others require disclosure of disability information to appropriate parties.
• Parents, guardians, partners or other outside parties do not have an automatic right to information regarding a student registered with Disability Services without the student’s permission.
• Third parties (including parents, partners, family members or guardians) are not able to negotiate accommodations on behalf of the student, even if the student is minor.
• The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Buckley Amendment, and the Americans with Disabilities Act Amendments Act (ADAAA), do not allow faculty access to disability-related information.  (Disability will not provide disability information to faculty without the express consent of the student).  Faculty do have a right to information about reasonable accommodations and how this fits into what is essential for a course.
• A student may request to review the contents of his/her own file in a limited way if staff is present.
• A student may request in writing his/her medical documentation upon leaving the Macalester.
• File information/documentation is available for three years past the date of matriculation or leaving Macalester.  
• Students requesting information for post-graduate exams (e.g., GRE, LSAT, MCAT) please note: documentation on file at Mac may not meet specific requirements for these examinations.  Additional or updated evaluations may be required by the testing agency, which is outside of the scope of Macalester or Disability Services.  Students may need additional documentation or confirmation of diagnosis from an outside professional care provider for these purposes.

Title IX concerns (e.g., sexual harassment, misconduct or assault) reported to Disability Services staff cannot remain confidential as per Title IX reporting requirements.  Staff makes every effort to support students during these times and provide additional resources for support.