Changes Urged for Student Privacy Law

Legal News Center

[##_1L|1048872595.jpg|width="130" height="98" alt=""|_##]A lawmaker who also is a child psychologist wants Congress to better define when a university can release students' mental health information to their parents. Last week's massacre at Virginia Tech shows the need for such legislation, said Rep. Tim Murphy, R-Pa. Virginia Tech student Seung-Hui Cho, 23, went on a shooting spree in a dormitory and classroom building on campus, killing 32 people and himself. It is unclear what, if any, contact the university had with Cho's parents even after a professor removed him from class for violent writing and disruptive behavior.

Murphy said he would introduce a bill that would allow a university to notify a student's parents without fear of violating privacy laws if that student is deemed to be at risk of committing suicide, homicide or physical assault.

The Federal Educational Rights and Privacy Act of 1974 allows access to records in case of an emergency or to protect the health of a student. Parents also can be notified if the student consents.

But the law is written too vaguely, Murphy said in a letter to House colleagues.

"There are many examples where information was not released to parents or guardians regarding a student's mental health, which led to miscommunications and withholding of vital information that would have prevented suicides, assaults and other crimes," Murphy said.

A magistrate ordered Cho in December 2005 to have an evaluation at a private psychiatric hospital after two women complained about annoying calls from him, and an acquaintance reported he might be suicidal. An initial evaluation found probable cause that Cho was a danger to himself or others as a result of mental illness.

David Shern, president of Mental Health America, an advocacy group for people with mental illness, said Murphy's plan sounds reasonable, but he would like to see the specifics.

Related listings

  • Ex-Justice Dept. Lawyer Under Scrutiny in Probe

    Ex-Justice Dept. Lawyer Under Scrutiny in Probe

    Legal News Center 04/28/2007

    [##_1L|1323569143.jpg|width="120" height="101" alt=""|_##]A federal task force investigating the activities of disgraced lobbyist Jack Abramoff has in recent weeks been looking into whether one of Abramoff's colleagues improperly traded favors with a...

  • New Hampshire legislature passes civil unions bill

    New Hampshire legislature passes civil unions bill

    Legal News Center 04/27/2007

    The New Hampshire Senate voted 14-10 Thursday in favor a bill allowing same-sex civil unions, sending the legislation on to Gov. John Lynch for signature. The bill, passed  by the state House of Representatives earlier this month, would authoriz...

  • Pentagon To End Talon Data-Gathering Program

    Pentagon To End Talon Data-Gathering Program

    Legal News Center 04/26/2007

    [##_1L|1140903835.jpg|width="100" height="112" alt=""|_##]US Under Secretary of Defense for Intelligence James R. Clapper Jr. said Tuesday that the Defense Department's controversial Threat and Local Observation Notice system, or TALON database would...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read