Welcome to 7.8 DS’ Role in BIT & the FERPA Myths Interfering in Supporting Students in Crisis

1. Welcome to7.8 DS’ Role in BIT & the FERPA Myths Interfering in Supporting Students in Crisis Please be respectful of your colleagues by silencing your phone. If you need to answer a call, please go to the hallway.

2. Conference Inclusion Statement We ask you to join us in creating a culture of • Access • Inclusion • Civility, and • Respect …this week and in all aspects of our organization.

3. Who We Are • Maranda Maxey, MA (Appalachian State University) • ADA/504 Coordinator & Director, Office of Disability Resources • Early Intervention Team Consultant, Campus Awareness Response & Education (CARE), & Threat Assessment Team Consultant • Chris Stone, Ed D (University of North Carolina Wilmington) • Director, Disability Resource Center • Student Behavioral Intervention Team (SBIT), T-IX Investigator, & Committee for Exceptional Disciplinary Emergencies (CEDE)

4. Overview • Objectives • FERPA Basics • Misconceptions of FERPA • Understanding “BIT” • Rationale of DS Involvement • Common DS Professional Questions re: BIT • Participation Activity

5. Objectives for the Day • Identify Disability Service (DS) professional’s responsibilities within BIT, and how to employ professional judgement in determining what, when, and with whom sensitive information is shared. • Articulate appropriate expectations of FERPA, and evaluate when DS involvement serves students with disability in BIT-type situations.

6. A Basic UnderstandingFERPA [Family Education Rights and Privacy Act] • Protects the privacy of student education records. • While generally requires permission to release, allowance exists under certain conditions or to (including): • School officials with legitimate educational interest; • Other schools to which a student is transferring; • Comply with a judicial order or lawfully issued subpoena; • Appropriate officials in cases of health and safety emergencies; and • State and local authorities, within a juvenile justice system, pursuant to specific State law. www2.ed.gov/ferpa

7. “But, FERPA!”The (Mythical) Arguments Against Sharing Information • It’s HIPPA protected! • It was given to me/us in confidence. • I must protect the student from anyone knowing they have a disability.

8. FERPA is Not: • Granted Verbally • Blanket Confidentiality • Intended to Limit Appropriate Conversations • Our Weapon of Control • Carte Blanche -- Allows one to speak with designee, but does not require it. (e.g., faculty contacted by parent)

9. Understanding the BIT A Behavioral Intervention Team (BIT) “is a multi-disciplinary group whose purpose is to support its target audience (students, employees, faculty, staff, community, workplace) via an established protocol designed to help detect early indicators of the potential for disruptive conduct, self-harm, and the risk of violence to others.” National Behavioral Intervention Team Association (NaBITA) www.nabita.org

10. Understanding the BIT Role of BIT “Centralize reporting, triage reports, assess threat/risk, assess available resources, perform or empower interventions, coordinate follow up, assess long-term success/outcomes,…educate the community” (Sokolow and Lewis, 2009, p. 4). • Red Flags • Disturbing Patterns, Trends, Disturbances • Identify, Investigate, Assess, and Monitor • Recommend proactive & non-punitive approaches • Help students obtain resources which may enable them to remain focused on health and achieving success while minimizing negative impacts on the student’s and their peers’ overall academic experience.

11. Understanding the BIT Committee Make Up • “Multi-Disciplinary” • Generally represents Academic Affairs, Advising, Environmental Health and Safety, Student Affairs [Counseling Center, Student Health, Interpersonal Violence], University Police, & Disability Services (DS) • Some more academically-focused; others student-centered

12. Understanding the BIT “A BIT By Any Other Name”

13. Why We Participate • “…leads collaborations with students, faculty, staff, and the campus community to cultivate a universally designed environment, and facilitates the removal of existing barriers for the full inclusion of people with disabilities.” • “…interact and collaborate with faculty, staff, and students to achieve an equitable learning environment for students with disabilities…” • “…to ensure that disabled students, employees and visitors, have a similar, if not identical, experience to that of their non-disabled counterparts.”

14. Common Q? Posed by DS Providers, or Found in Listserv Archives, re: BIT

15. Q?: What, when, and with whom should information be shared when the student is known by DS?

16. Q?: What, when, and with whom information is shared? • Case-by-Case Consideration based on: • Who are relevant officials? • Is the Behavior of Concern (BoC) related to the student’s disability? • Is disclosurenecessary to protect the health and safety of individual student or those around them?

17. Q?: What is the legitimate “need to know” rationale inherent in FERPA when it involves DS held knowledge and information about a student?

18. Q?: Legitimate “need to know” rationale inherent in FERPA when it involves DS knowledge? • Relevant information used to proactively remove a disability-related barrier the student may encounter • Useful in determining if behavior of concern can be mitigated by a reasonable accommodation • Importance within Direct Threat Analysis

19. Q?: Are there advisable limits or concerns with the dissemination of disability-related information? And,How might this be appropriately and systemically addressed so as to protect students from unnecessary disclosure to and scrutiny by University professionals?

20. Q?: Advisable limits or concerns with the dissemination of disability-related information, and how addressed to protect students from unnecessary disclosure/scrutiny? • Information determined necessary in order to: • Understand nature of student’s behavior; • Support those interacting with the student. • Sharing relevant for situation, and within confines of role on the committee

21. Explanation of Expectation • “You are being given access to certain sensitive information due to your capacity in this group. “Need to know” information is not gratuitous, nor is it shared to satisfy a curiosity. It may not be utilized or shared in other roles or situations. Incidents of misuse will be promptly reported.”

22. Exemplifying Proper BIT Participation Alex, Freshmen, Undeclared (1.7) • Reported by Advisor (called by parent), Uni Housing, and Uni Police • DS Knowledge: BiPolar Disorder; history of manic episodes (pacing, “arguing,” striking self across chest/head/arms). University Police had separate reports of individual acting disruptively in Student Union and Student Dining. Student was yelling at 3 am, and RA/RCs went to room. Student opened their door and “was suspicious” of request to enter their room. Reported as “submissive” but once RA/RC were gone, yelling began again. Housing reported to Dean’s Office student failure to respond to directive by university official to adhere to quiet hours.

23. Group Activity – What Might You Do? Barry, Sophomore transfer, Communication/Media Major(3.4) • Multiple Reports – Faculty, Tutoring Center, Housing • Dean’s Office: Met with student at end of prior semester due to student concerns with classes and scheduling • DS Knowledge: ASD; heavy dependence on previous school’s DS, faculty, advisor, etc. to make their decisions (i.e., scheduling, prioritizing, registration) Student reported by multiple parties to “melt down,” “break down,” and “be overwhelmed” dealing with day-to-day interactions and class expectations. Has uncontrollably cried in Advisor’s office, tutoring session, library, Dean’s Office lobby (and DS office).

24. Small Group Activity – Examples Cormac, Senior, Chemistry Major (3.7) • Report submitted by faculty member and student health • Dean’s Office: Student withdrew from prior semester before Drop/Add • DS Knowledge: “Connected” with DS due to Multiple Sclerosis Student reportedly became increasingly distressed and anxious in class. Indicated they needed to call therapist and talk. Stated they had no idea what was happening, but recently began new medications (anti-depressant). Walked to Student Health and transported to hospital. Determined to have had an adverse reaction to NyQuil.

25. Wrapping Up When Considering Disclosure • Is Behavior of Concern (BoC) related to student’s disability? • Who has relevant Need to Know? • Officials operating in their professional capacity at the University • Necessary within confines of role on this Committee • What is the Need to Know? • Information can proactively remove disability-related barrier? • BoC mitigated through reasonable accommodation? • Disclosure necessary to protect health and safety of student or others? (Direct Threat Analysis) • Does this Information: • Assist in understanding nature of a behavior? • Support those interacting with student?

26. Questions or Feedback?

27. Session Evaluation Please see session moderator for paper evaluation form or complete the evaluation online.