BMAC will maintain appropriate confidential records that identify students with disabilities. These records shall include the student’s name, address, nature of disability, support services needed, verifying statement of the coordinator or designee of services to student with disabilities, and documentation provided by the student.
Protections of Confidentiality
All BMAC student records, including student medical records shall be considered “education records” protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) and its regulations. Although certain medical records are exempt from FERPA’s definition of “education records,” that exemption does not apply to students with disabilities. Accordingly, confidential records will be protected in accordance with FERPA regulations with the purpose of providing appropriate academic accommodation or adaptation of curricula.
Release of Information
BMAC will not release any information regarding an individual’s diagnosis documentation, or participation in BMAC without his or her informed written consent or under compulsion of legal process. Information will be released only on a “need to know” basis, except where otherwise required by law. Furthermore, to safeguard the confidentiality of individuals with psychiatric disabilities, evaluators may withhold or redact any portion of the documentation that is not directly relevant to criteria for establishing rationale for requested appropriate accommodations. Information about the student may be released with the student’s informed written consent in accordance with FERPA or other applicable legislation.
Authority to Determine Disability Status
The campus director (or designee) of Bob Murphy Access Center (BMAC) shall have the ultimate authority to determine disability status, and the decision shall be subject to the provisions below and to establish appeal procedures.
Verification of Evident Disability
The campus director (or designee) of the BMAC has the authority to verify a disability if the nature and extent of the disability is evident.
Documentation of Disability/Qualification of Individuals
In those cases where the director (or designee) of the program for services to students with disabilities is unable to verify the disability, the student shall provide appropriate documentation from a verifying professional qualified to assess the nature and extent of the disability. Verification may require documentation from:
- A professional qualified to assess the nature and extent of the disability
- A recognized and reliable source that provides appropriate standards in the applicable field
Documentation may be provided by a licensed physician, psychologist, audiologist, or a speech pathologist.
Documentation may also be accepted from a licensed clinical social worker, rehabilitation counselor, marriage and family therapist, learning disability specialist, or other appropriate certified/licensed professional.
Transfer Students with Disability Status
A student who has transferred as a student with a disability and received services from a California community college, the University of California, or any other regionally accredited postsecondary institution may be eligible for academic accommodations or support services at a California State University campus if appropriate documentation is received verifying the disability by the criteria used by the CSU. The campus director (or designee) of the BMAC shall have ultimately authority to determine disability status, subject to established appeal procedures.
Students may appeal provision of services based on verification of a disability based on existing grievance processes.