College Students Should Consider Key Legal Protections as Fall Semester Begins

As college students arrive on campus or return for the fall semester, Schuyler County Attorney Steven Getman is urging students and their parents to address several legal issues that arise once a young person turns 18 and becomes a legal adult.

 “Once a young person reaches the age of majority, parents no longer have automatic legal authority to access medical, educational or financial information or to make decisions on their behalf, even if they are paying the bills,” Getman said. “A few basic documents and an awareness of housing and campus rules can provide important protection and peace of mind.”

Students should consider several key documents. A FERPA waiver allows colleges to share education records such as grades, enrollment status and disciplinary matters with designated parents or guardians. A HIPAA authorization permits health care providers to discuss medical information with authorized individuals. A health care power of attorney designates someone to make medical decisions if the student cannot, while a living will or advance directive states preferences for certain medical treatments. A financial power of attorney authorizes a trusted person to handle bills, bank accounts and other financial matters if needed.

Those living in dormitories or off-campus housing also should understand their rights and responsibilities under lease agreements or housing contracts. These typically address rent or fees, security deposits, maintenance obligations, guest policies, quiet hours and rules on prohibited items such as open-flame devices, certain appliances and electrical equipment. Landlords and university housing offices generally must provide safe, livable conditions. Federal law prohibits housing discrimination based on race, color, national origin, religion, sex, disability or familial status, and students with disabilities may request reasonable accommodations.

Campus living guides often stress community standards, civility, shared responsibility for maintaining a safe environment, and consequences for violations that can include termination of a housing agreement. In emergencies involving health or safety, or in certain alcohol or drug cases involving students under 21, federal and state law may permit limited disclosure of information to parents.

Students attending school out of state should confirm that any legal documents comply with the laws of both their home state and the state where they attend college.

 Students and parents who want more information about their legal rights and responsibilities should consider contacting their family lawyer or another competent attorney of their own choosing. New York residents may locate an attorney through the New York State Bar Association Lawyer Referral and Information Service at findalawyernys.org or by calling 1-800-342-3661.