Student Optional Disclosure of Private Mental Health Information

In accordance with Illinois law, Public Act 099-0278, the Student Optional Disclosure of Private Mental Health Act, and Board Policy 07.11.01 – Student Optional Disclosure of Private Mental Health Information, Lake Land College provides to all students the opportunity to authorize the College, in writing, to disclose certain private mental health information to a person designated by that student.

Who can students identify as a designated person?

A student may designate a parent, guardian, or other person over the age of 18 to receive certain private mental health information from the College.

How do students authorize disclosure of private mental health information?

To authorize disclosure of private mental health information, the student must submit the Student Optional Disclosure of Private Mental Health Information Form. The form must be submitted to the office of Admissions, Counseling Services or Vice President for Student Services. Once submitted, the authorization shall remain valid until the student revokes it by notifying one of the same offices, in writing, that the authorization is being withdrawn.

What information will be disclosed and under what circumstances?

Lake Land College may disclose a student’s mental health information to the designated person if a qualified examiner, who is employed by the College, determines that the student poses a clear danger to himself, herself or others. The purpose of the disclosure in such a case is to protect the student or other person against a clear, imminent risk that the student may inflict serious physical or mental injury, disease or death on himself, herself or another individual. The qualified examiner is required to disclose this information to the designated person as soon as possible, but in no more than 24 hours after making the determination that the student poses such a danger.

Because Lake Land College does not employ any individuals who serve as qualified examiners and who are in a position to make the mental health determination as described in Public Act 099-0278, the College cannot assure that by identifying a designated person, the College will be able to disclose the student’s condition to that designated person.

However, consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its regulations at 34 CFR § 99.36 (FERPA) as well as Lake Land College Board Policy 07.11, Lake Land College may, in situations where a health or safety emergency exists, disclose personally identifiable information about a student, without his or her consent, to any individuals the College reasonably determines to be in need of the information.