The Disability Resource Center maintains appropriate confidential files verifying students’ disabilities on behalf of the university; these records are protected in accordance with FERPA regulations (Family Educational Rights & Privacy Act). San José State University will not release any information regarding a student’s disability without his or her informed written consent or under compulsion of legal process. Disability related information will be shared only on a case-by-case basis when there is a compelling reason for such disclosure within the university community or as required by law.
The information a student shares with faculty members regarding their disability is confidential and must be treated as such in accordance with university policy, the Office of the Chancellor and State and Federal regulations governing confidentiality (FERPA, Section 504 of the Rehabilitation Act of 1973 and The ADA Amendments Act of 2008 (ADAAA).The Department of Justice (DOJ) has indicated that a faculty member generally does not have a need to know what the disability is, only that the disability has been appropriately verified by the Disability Resource Center. Students are not required to give specifics about their disability when they self-disclose a need for accommodations having already done so with the Disability Resource Center. Information regarding the student’s disability must not be discussed or shared with other faculty members unless the student has signed a release of information form giving permission to do so.