Disclosing Disability Information

Students receiving a McBurney VISA (Verified Individualized Services and Accommodations) form sign a statement acknowledging that they "understand that provision of these services may involve McBurney staff disclosing disability information provided by me with appropriate university personnel participating in the accommodation process."

It is important for students to understand what their signature means and McBurney's policy and procedure on disclosing disability information. The following is an explanation of our policy and practice pertaining to confidentiality and disclosure.

1. The University has an obligation to confirm that students receiving accommodations have verified disabilities. We request disability documentation and develop accommodation and service recommendations based on this information. Disability documentation is housed in a McBurney student file and does not become part of the permanent educational record.
2. Students have a right to confidentiality. The University recognizes that student medical records, similar to educational records, are confidential and are to be treated as such. However, the students' right to privacy must still be balanced against the University's need to know the information in order to provide requested and recommended services and accommodations.
3. When students request accommodations, particularly instructional accommodations, the issue arises as to what and how much information McBurney determines, on a case-by-case basis, to disclose. By signing the VISA form, students acknowledge an understanding that, in order for McBurney staff to coordinate, advise or administer requested accommodations, disclosure of confidential disability information to faculty may be necessary and/or required.
4. What do we mean by "disclosure"? Disclosure exists on a continuum ranging from minimum to full disclosure of disability documentation. An example of minimum disclosure would be the case of a faculty member calling the McBurney Center regarding a student requesting alternative testing accommodations and the McBurney Center staff confirms that the student is a client (i.e., has a disability) and the accommodations were indeed recommended based on the documentation in the McBurney student file. Thus, we have disclosed the presence of a disability.
   
   Moving along the continuum, discussing with this same professor the specific nature of the disability (e.g., learning disability, low vision, epilepsy, etc.) and the rationale for the accommodation requested constitutes more comprehensive disclosure. In this case, the specific disability and its impact on a specific student is disclosed with the intent of assisting the faculty member in understanding the relationship between the disability and the accommodation. Often, the additional information assists faculty in accepting the fairness of the accommodation as they understand the disadvantage the student would have without the accommodation.
   
   Finally, full disclosure would be sharing McBurney file disability records verifying a student's disability. For example, providing a copy of a psycho educational report, hospital or other medical records would constitute full disclosure of disability documentation.
   
   The McBurney Center does not provide full disclosure of disability documentation to faculty without the student's written consent , or as otherwise permitted by state or federal legislation.
   
   It is important for students to understand that whenever we acknowledge that someone is a person with a disability, we have essentially "disclosed" confidential information. Because we talk with faculty and staff in order to implement accommodations, and because we routinely confirm that the student is registered with us and has a verified disability, we ask for a signature on the VISA form. The purpose of signing the VISA form is to maintain a record that students understand our policy and protocol on disclosure of disability.
5. Signing the VISA acknowledges that students understand our disclosure policy; it is not intended as seeking consent. Students requesting that McBurney not disclose disability, at any level, must submit in writing their request specifically describing what level, if any, of disclosure they are authorizing. If a student asks that we do not discuss his or her situation with faculty or staff, then we would not respond to faculty requests about the student. However, students need to understand that if they are requesting McBurney, and the University, to provide accommodations, and if they prohibit the individuals responsible for implementing accommodations from discussing critical components of the situation (such as the relationship of the disability to the course and the requested accommodations), then it may be difficult for accommodations to be implemented.
6. To summarize: (i) the university has an obligation to confirm disability status and the right for appropriate staff to discuss students and their disabilities, (ii) students have a right to privacy and not to have confidential information freely disseminated throughout the campus, (iii) students sign the VISA form acknowledging that some level of disclosure may be necessary to selected faculty and staff in order to implement requested accommodations, (iv) disability documentation records are not shared directly with faculty without the students written consent, (v) if students do not want McBurney to disclose disability information under any circumstances they must put their request in writing; however, students need to be aware that implementing accommodations may become untenable.

Definition of Terms:
Disability Documentation: all records related to the health, intellectual, emotional or physical well-being of an individual prepared by a health care provider, including but not limited to physicians, nurses, therapists, psychologists, social workers, and counselors.


Permanent Educational Records: official university records maintained by the Registrar containing students' applications,
transcripts, and grade lists.


McBurney Center File: file maintained at the McBurney Center including medical records, psycho educational reports, case notes, intake form and other materials related to disability-related services.


AARC: Access and Accommodation Resource Coordinators. Departmental liaisons between faculty, staff and students with disabilities. AARC's serve as a resource on disability issues, mediate disputes, and maintain data on disability accommodations.