Florida School Toolkit for K-12 Educators to Prevent Suicide

Confidentiality What is FERPA? When intervening with a suicidal student, it is important to know FERPA. The Family Educational Rights and Privacy Act (FERPA) prohibits a school from disclosing personally identifiable information from students’ education records without the consent of a parent or eligible student, unless an exception to FERPA’s general consent rule applies in an emergency. How does FERPA apply to a potentially suicidal student’s intervention? One issue that school personnel struggle with is when and if they must notify parents if they believe a student to be suicidal. All parents of students suspected to be suicidal must be notified. School personnel should know that the only exception to notifying the parents of a suicidal student is if abuse is suspected. At that time, the Florida Department of Children and Families must be called. It is important to understand the exception to the FERPA rules when addressing the needs of a suicidal student, as it is an emergency situation. Under this health or safety emergency provision, an educational agency or institution is responsible for determining whether to disclose personally identifiable information on a case-by-case basis, taking into account the totality of the circumstances pertaining to a threat to the health or safety of the student or others. If the school district or school determines that there is an articulable and significant threat to the health or safety of the student or other individuals and that a party needs personally identifiable information from education records to protect the health or safety of the student or other individuals, it may disclose that information to such appropriate party without consent. 34 CFR § 99.36 (a). This is a flexible standard under which the U.S. Department of Education defers to school administrators so that they may bring appropriate resources to bear on the situation, provided that there is a rational basis for the educational agency’s or institution’s decisions about the nature of the emergency and the appropriate parties to whom information should be disclosed. More information about this exception can be found at ed.gov/policy /gen/guid/fpco/pdf/ferpa-disaster-guidance.pdf . In summary, all students should be aware of the limits of confidentiality and that the school staff members must notify the parents of a suicidal student. While it may upset the student that you are divulging their private information to their parents or other necessary school staff members, it will be less difficult to repair rapport with a student who is alive than to deal with the potential outcomes if the student attempts and/or dies by suicide without parent notification. Most suicidal students are actually relieved that help or a lifeline is being offered, and many students know their parents will be supportive of them getting the help they need. SMHPs should use all of their training to help the suicidal student understand that it is in their best interest that their parents be notified. If a suicidal student remains adamant that their parents not be contacted, the SMHPs must notify parents, as it is not a discretionary duty but a required one. Almost all of the cases where schools were found liable following the suicide of a student have been because the parents of a student known to be suicidal were not notified. Florida S.T.E.P.S.