Return to flip book view

! AUSTIN COMMUNITY COLLEGE!!!FACULTY LEADER HANDBOOK!!FOR!!STUDY ABROAD PROGRAMS!

2 “Student travel enhances the learning experience, but will be guided by a primary concern for student safety.” ACC Board Policy A.5 “The Austin Community College District recognizes that combining study and travel is an important alternative learning experience for students.” Administrative Rule 5.0202.01 “Perhaps travel cannot prevent bigotry, but by demonstrating that all peoples cry, laugh, eat, worry…it can introduce the idea that if we try and understand each other, we may even become friends.” Maya Angelou ACC International Programs faculty-led study abroad programs are a welcoming and inclusive environment for all students.

3 TABLE OF CONTENTS I. Overview……………………………………………………………………………………………………………..……...5 II. Marketing and Outreach……………………………………………………………………………………..………..5 III. Student Participant.……………………………………………………..……………….……………………………..5 Application Process Health and Accident Insurance Program Cancellation Insurance Passport and Visa Requirements IV. Faculty Leaders……………………………….……………………………………….………………………………...8 Preparing Students for the Experience Student Conduct Alcohol and Drug Policy Student Complaints Involuntary Withdrawal from a Program Voluntary Withdrawal from a Program Culture Shock V. Faculty Leader Trip Information…………….…………………………………………………………………….12 Necessary Information and Other Things Health and Accident Insurance Personal Property Insurance Passport and Visa Requirements Faculty Study Abroad Program Costs and Reimbursable Expenses ACC Approved Driver Regulations Faculty Salaries Accompanying Persons !VI. Emergency Response…………………………………………………………………………………………….……13 Clery Act VII. Communication while Overseas……………………………………………………………………..…………....15 Staying in Touch with International Programs Family and Emergency Contacts VIII. Post-Program Responsibilities..……………………………………………………………………………………15 Program Debrief Return of International Programs and College Property

4 Faculty Expense Report IX. Web Resources for Health, Safety, and Security…………………………………………………………….16 X. Student Information, FERPA, And HIPAA……………………………………………………………………..16

5 I. OVERVIEW This handbook is a basic guide covering the operational duties and responsibilities of serving as a faculty leader for an ACC study abroad program. International Programs (IP) and faculty leaders will have already been working closely during the program design and development phases, and are now prepared to advise interested students about ACC study abroad opportunities and guide them through the application, preparation, and participation processes. Student application and post-acceptance materials include necessary academic records, medical information, waivers, and releases, and must be handled in accordance with FERPA, HIPAA, and relevant College policies. IP and faculty leaders are required to handle student information appropriately. II. MARKETING AND OUTREACH International Programs will be responsible for developing and implementing a marketing and outreach plan for all study abroad programs. International Programs will design materials, with faculty leader input, that will promote ACC study abroad programs and provide accurate and consistent information about the offered programs, program requirements, application process, dates and deadlines, and participant responsibilities. Marketing materials will include general information brochures, posters, one-page flyers, advertisements in College publications, detailed program information packets, application materials, student handbooks, and study abroad FAQs. These materials will be in electronic and print format, and will be available to faculty leaders to distribute in classrooms and during office hours. International Programs will also use a range of outreach tools and activities to disseminate information about study abroad programs. International Programs outreach tools will include the ACC website, which will have information about all offered programs, the application process, the Board of Trustees’ Study Abroad Scholarship, financial aid and other funding resources, and other relevant information. International Programs will also use ACC social media to communicate specific study abroad information and events as well as distribute electronic materials. International Programs’ main outreach activities will include campus information sessions, class visits, information tables at relevant special College events, distributing information through Student Life, and other student groups. Faculty leaders main outreach role will be through their classrooms and offices as well as working with International Programs to participate in targeted class visits and program specific information sessions. III. STUDENT PARTICIPANTS Any individual who is an enrolled ACC student may apply to participate in a study abroad program as well as faculty, staff, or any interested person from the community. All faculty-led study abroad courses are offered for academic credit.

6 Application Process International Programs will be responsible for advising students interested in study abroad programs, processing program applications, processing applications and awards for the Board of Trustees’ Study Abroad Scholarship, and notifying students of program acceptance. All required application packets are available from International Programs after completing a study abroad advising session. All students interested in applying to a study abroad program are first required to schedule an advising session with International Programs. The advising session is a formal process that ensures each student has reviewed the program information, eligibility criteria, understands all rules and requirements, and can ask any questions regarding applying for and participating in a study abroad program. A study abroad application includes personal and academic information and a statement that explains the student’s reasons for selecting a particular program. Once an application is submitted to International Programs, the student will be required to schedule an interview with the faculty leader. The faculty leader will use the interview as an opportunity to meet applicants and discuss course information, academic requirements and expectations, program itinerary, and risks associated with participation. In addition, the faculty leader should evaluate the following characteristics: § Academic preparedness and achievement. § Demonstrated interest in the program country and program. § Ability to participate in small groups. § Ability to exercise good judgment and maintain a good attitude. § Ability to acknowledge and adapt to group and cultural diversity. § Ability to comply with post-acceptance requirements for program participation. International Programs will notify applicants of their acceptance to the program on a rolling basis once all materials are submitted and the faculty leader interview completed. Board of Trustees’ Study Abroad Scholarship applicants will be notified of awards after the application deadline and applications are reviewed and ranked. Students must then confirm their participation in the study abroad program and pay a non-refundable program deposit by the deadline. International Programs will register all participants for their program courses, which are open only to accepted study abroad students. Students must complete any prerequisites prior to the program starting in the first or second sessions of the summer semester. Health Insurance International Programs strives to address gaps in student insurance by requiring all student participants in ACC study abroad programs to purchase international travel health and accident insurance that covers the student while in the designated study abroad program country while the program takes place. ACC Student Accident Insurance also protects ACC students when they pay the Insurance Fee when registering and paying for courses. The Student Accident Insurance reimburses for injuries occurring during school-sponsored activities related to the registered courses. Students must provide proof of insurance and overseas coverage to International Programs before the program departs. Students who are covered by private insurance, such as insurance provided through a

7 parent’s employer, should verify that such medical insurance also provides coverage during overseas travel and in the destination country. Passport and Visa Requirements International Programs will advise students about passport and foreign entry requirements pertaining to their destination country as well as advise international students regarding any additional entry and U.S. re-entry requirements. It is solely the responsibility of each student to ensure s/he has a valid passport for travel and appropriate entry documents for their destination country. A student without a valid passport or necessary visa prior to departure may not travel. Should this occur, the student would forfeit any program fees paid to the ACC. Students must present passports and visas to International Programs for verification no later than the scheduled pre-departure information session. Emergency Contacts International Programs requires that students provide emergency contact information that will be kept with other confidential health information. Students will be advised that parents, family, spouses/partners, and other emergency contacts should contact International Programs if they have questions about a study abroad program or an individual student while the group is in the designated country. IV. FACULTY LEADERS Preparing for the Experience International Programs will work with faculty leaders before the program departs to ensure that they are prepared for leading the program, and includes the following: International Programs § Ensure health information forms for all participants and faculty leaders are complete and sealed for opening during emergencies only (maintained per college HIPAA rules). § Provide mandatory pre-departure information sessions that include topics such as health, safety, security, international travel, behavior guidelines, the code of conduct, and culture shock. § Provide participants with emergency contact cards, checklist of things to do before international travel, and the Student Handbook for Study Abroad Programs, and faculty leaders with the Faculty Leader Handbook for Study Abroad Programs and the Emergency Response Handbook for Study Abroad Programs. § Brief faculty leaders on emergency protocols and create emergency contact lists for each program location. § Register program participants and faculty leader(s) with the U.S. Department of State Smart Traveler Enrollment Program. § Monitor the websites of the U.S. Department of State, the Overseas Security Advisory Council, and media sources for relevant information in program countries and locations where groups will travel. Coordinate with faculty leaders to adjust programs as necessary for health, safety, or security factors. Faculty Leaders

8 § Attend the mandatory faculty pre-departure information session and student pre-departure information session (including back-up faculty leaders). § Submit any changes to emergency contact information, itinerary, and/or syllabus to International Programs prior to departure. § Understand protocols in the Emergency Response Handbook for Study Abroad Programs. § Sign and submit to International Programs the Terms and Conditions of Leading an ACC Study Abroad Program. § Attend mandatory trainings including: First Aid, CPR/AED, and Blood-borne Pathogens. § Maintain current certifications for all mandatory training. International Programs will organize and schedule mandatory pre-departure information sessions for faculty leaders and student participants. The faculty leader session will cover program operations, emergency response, and human resources issues. The student pre-departure information sessions will cover program specifics, country information, international travel, and health, safety, and security. If a third-party provider or institutional partner supports a program, information specific to their support and services will be provided at the session. Faculty leaders should also prepare to hold an onsite orientation in order to review information about the program, host country, and facilities, policies and procedures of the host institution. Third-party providers or institutional partners will also have scheduled their own orientation sessions for the day of the program’s arrival in the designated country and will provide additional information through country staff. An orientation meeting in the program country allows students an opportunity to meet together as a group, and to ask questions of the faculty leader and representatives from the third-party provider or institutional partner. Students should receive the following information during the pre-departure information session: International Programs § Program logistics, including air travel, accommodations, and in-country ground transportation. § Review of ACC Students Standards of Conduct, ACC drug and alcohol policy, and alcohol and drug laws in foreign countries. § Health, safety, and security, including emergency response guidelines and emergency contact information cards. § Location of U.S. Embassy or Consulate and registration of trip with U.S. State Department Smart Traveler Enrollment Program (STEP). § Guidelines for daily budgets, packing, communications, and sexual health abroad. § Guidelines for program free time and in-country travel. Faculty Leader § Review of academic objectives and student responsibilities. § Course syllabus including course requirements and assignments. • Daily itinerary for the in-country portion of the study abroad program. § Information about adapting to a new culture, especially if the faculty leader is experienced in the program country.

9 Student Conduct Student conduct during a study abroad program is governed by the same rules and policies for students found in the ACC College Catalog and Student Handbook. Students need to understand that study abroad is an academic experience, not a vacation, and that academic responsibilities take priority over personal interests during the program. Perhaps most important, ACC students in study abroad programs serve as “cultural ambassadors.” Students’ conduct may be seen as representative of the U.S. and of the College. Additionally, faculty leaders and International Programs should remind students that while inappropriate behavior on College premises may reflect solely on themselves, their individual misconduct abroad could be attributed to the entire group. During the program application process, faculty leaders will conduct an individual interview with each student applicant. During the interview, the faculty leader will attempt to ascertain the student’s interest in the program course and in the destination country. The faculty leader will stress to students that study abroad programs take place in a group setting, that group priorities take precedence over individual preferences, and that students must be willing to participate in group activities. In addition, International Programs and faculty leaders will encourage students to enjoy the experiences of discovering a new culture, while exercising good judgment regarding their personal health and safety and maintaining a positive attitude toward the cultural differences they may encounter in the destination country. During the pre-departure orientation session, International Programs and faculty leaders will go over appropriate student conduct while in the program country, student rights and responsibilities, and the student disciplinary process. If a student’s behavior while in the destination country becomes so detrimental to the program that the student may not be allowed to continue, then the faculty leader will follow the guidelines below for student withdrawal. Drug and Alcohol Policy ACC prohibits the use of alcohol or illegal drugs on college premises and at college-sponsored events. Students may not use alcohol or drugs during required program events and activities, whether in country or in Austin (see Drug and Alcohol policy, ACC College Catalog and Student Handbook). International Programs and faculty leaders and will emphasize responsible use of alcohol at all other times while in the host country. Students should be encouraged to use good judgment if consuming alcohol in private homes or at other locations during non-program activities. During the pre-departure information session, IP staff and faculty leaders may discuss perceptions of alcohol use in the host country. International Programs and faculty leaders will inform students that criminal penalties for the possession, use, consumption, sale, or distribution of illegal controlled substances may be more severe in the host country than in the U.S. In addition, they will inform students that substances that are illegal in the U.S. but are legal in the program country are still prohibited in accordance with college policy.

10 Student Complaints The faculty leader serves as spokesperson for the group while in country. International Programs and faculty leaders will remind students that one of the faculty leader’s responsibilities is to evaluate student concerns and handle complaints. Faculty leaders will communicate students’ needs and desires as appropriate to the responsible party, e.g., staff of third-party provider or institutional partner, a tour guide, or a driver. All efforts should be made to resolve student complaints regarding program logistics with International Programs, a third-party provider, or institutional partner. The faculty leader should document student complaints and any course of action taken to resolve the complaint. Faculty leaders should also inform International Programs of any complaints during the program. The faculty leader will complete an Incident Report form, included in the Faculty Leader packet, then submit the form to International Programs, electronically if possible, or within two weeks of return to Austin. Involuntary Dismissal from a Program Should there be cause for dismissal of a student from the program while in the host country, the faculty leader will review the appropriate course of action with the IP Director. Faculty leaders should document the reason(s) for dismissal from the program and provide a copy in writing to the student. Faculty leaders will submit the documentation for dismissal from the program to International Programs, department chair, and/or dean, electronically if possible, or within two weeks of return to Austin. In accordance with college policy, “all course grades are awarded by the instructor of record,” i.e., the faculty leader teaching the study abroad course(s). The faculty leader(s) will decide whether the final grade for the program courses is failing or withdrawal. Should there be cause for withdrawal from program courses with the grade of W the faculty leader(s) will follow the procedure for instructor-initiated withdrawal (see ACC College Catalog and Student Handbook). Students with questions about their grades for study abroad courses should consult the College Grade Disputes policy (ACC College Catalog and Student Handbook). Voluntary Withdrawal from a Program If a student has arrived in country and then decides to withdraw from the program, s/he should discuss the decision with the faculty leader. The faculty leader will consult with the IP Director before accepting the voluntary withdrawal. If, after consultation, the student still wishes to withdraw from the program, s/he must submit a written statement, signed and dated, to the faculty leader. This statement must indicate that the student understands that effective as of the date indicated, s/he will no longer be considered a student in the program and is therefore responsible and liable for his/her own transportation home and insurance coverage. Faculty leaders will then communicate the student’s decision to International Programs. The faculty leader will provide a copy of the student’s written statement to International Programs. Students who voluntarily withdraw from a program may not receive academic credit for the course(s) and will not receive a refund of program fees. Consideration will be given to the student who leaves a study abroad program because of an emergency or illness, either personal or of a family member. In such cases, the faculty leader should be supportive of the student, but also review the financial and academic consequences that returning home may have. Faculty leaders will explain the academic consequences

11 of withdrawing from the program with the student. Faculty leaders may decide to assign an Incomplete if the student has completed a majority of the course work before an emergency requires them to withdraw from the program. Culture Shock Most study abroad participants enjoy the experiences associated with discovering a new country and a different culture. Some students, however, may experience culture shock, the concrete indicators of which can vary from individual to individual, and which may pose the biggest challenge a participant may face. Culture shock, as defined in Merriam-Webster, is “a sense of confusion and uncertainty sometimes with feelings of anxiety that may affect people exposed to an alien culture or environment without adequate preparation.” Faculty leaders should be aware of possible indicators of culture shock, such as compulsive eating or lack of appetite, homesickness, sleeping more than usual, getting angry easily, decline in spontaneity or flexibility, stereotyping of host country/culture, increase in physical ailments or pains, inability to work effectively, or unexplained crying. If a student exhibits such signs, faculty leaders should first make an effort to ensure the student is safe. The faculty leaders should consult with International Programs concerning signs of possible culture shock, as culture shock falls into the category of perceived emergency as described in the Emergency Response Handbook for Study Abroad Programs. V. Faculty Leader Trip Information Necessary Information and Other Things Faculty leaders will complete a Study Abroad Faculty Leader Information form and provide to International Programs. The form will include personal and emergency contact information and basic health information. This form will be placed in a sealed envelope and stored in a locked cabinet in International Programs. This sealed envelope will be opened only in the event of illness or injury to the faculty leader. The envelope will be returned to the faculty leader after his/her return to Austin. Faculty leaders may want to consider obtaining a medical power of attorney in the case of a medical emergency in which they are incapacitated and unable to make rational decisions regarding medical treatment. The original should be stored in a safe location and copies given to the designated agent and International Programs. Faculty leaders may need to have vaccinations for their trip. Faculty leaders can consult the Centers for Disease Control website for the latest travel and program country health information. Health and Accident Insurance Faculty leaders must review their personal health insurance policy to verify that coverage exists for international travel. In addition, faculty leaders are advised to purchase international health and accident travel insurance. Faculty leaders are covered under the ACC Workers’ Compensation insurance program as if they were teaching in Austin. This insurance is provided at no cost to faculty and staff. Workers’ Compensation insurance pays medical bills for injuries arising out of and in the course and scope of work and in

12 furtherance of the business activities of the employer. Each case is evaluated on its own merits; there is no test that can guarantee coverage before the fact on a specific injury. For example, leading a mandatory walking tour down a street may be covered. Walking to dinner down the same street when it is not an official program activity may not be covered. Medical expenses are covered 100%, with no deductible, no co-pay, and no co-insurance. In addition to medical bills, Worker’s Compensation has a wage benefit if the injured employee is unable to continue with their job duties. If a faculty leader is injured while in the program country s/he should contact International Programs, which will initiate necessary emergency response protocols. Personal Property Insurance Faculty may wish to purchase additional insurance for personal equipment taken on the program, such as camera/video equipment, laptops, etc. Before purchasing insurance, faculty should verify whether an existing homeowner’s insurance policy would provide coverage in the destination country. Passport and Visa Requirements International Programs will advise faculty leaders regarding passport and visa requirements for their destination country as well as international faculty leaders regarding any additional entry and U.S. re-entry requirements. It is solely the responsibility of each faculty leader to ensure s/he has a valid passport and appropriate visas for the destination country. Faculty leaders will present passports and visas to International Programs for verification no later than the scheduled student pre-departure information session. Faculty Study Abroad Program Costs and Reimbursable Expenses Each faculty leader will have his/her air travel, accommodations, program-related activity and entrance fees, baggage fees, and transportation to and from airports paid for by the College through International Programs. In addition, faculty leaders will receive daily per diem for meals. International Programs will prepare a travel request and obtain required signatures for the faculty leader. Accompanying Persons Persons such as spouses, children, partners, parents, friends, or relatives, are not allowed to accompany the study abroad program during the duration of the program abroad. This policy is based on the potential for incidents to occur that could pose a risk to the participating students and the faculty leader(s). Numerous unforeseen circumstances could arise that might disrupt the faculty leader’s ability to fulfill their duties and responsibilities to the students and the College.

13 VI. EMERGENCY RESPONSE See the Emergency Response Handbook for Study Abroad Programs for all protocols and guidelines related to emergency and perceived emergency incidents during the study abroad program. Clery Act The Clery Act is a federal law named for Jeanne Clery who was raped and murdered in her dorm room by a fellow student in 1986. Her parents later found out that 38 violent crimes had been recorded on campus in the previous 3 years and none had been reported to students. The Clery Act requires ACC to disclose Clery-specific crime statistics that occur in locations that ACC owns or controls. This information is published in ACC’s Annual Security Report along with safety and security related policy statements. Clery Act Geography The location of the crime is important information to collect. The Clery act requires disclosure for crimes reported as occurring in every building or property ACC owns or controls, domestic or foreign, that is used in direct support of, or in relation to, the institution’s educational purposes. Control means that ACC rents, leases, or has some other type of written agreement, no matter how informal, for the use of a location or a portion of a location. Even if there is no payment involved in the transaction, under Clery, a written agreement for use of space gives ACC control of that space for the time period specified in the agreement. There are three geography categories: • on campus; • on public property within or immediately adjacent to the campus; and • in or on non-campus buildings or property that ACC owns or controls (e.g. International study locations and accommodations). Housing: If ACC rents or leases space for students in a hotel or student housing facility, it is in control of that space for the time period covered by the agreement. Host family situations do not normally qualify as non-campus locations unless ACC has an agreement with the family that gives ACC some significant control over space in the family home. Clery Act Crimes Clery Act crimes include the following: • Murder and non-negligent manslaughter • Negligent manslaughter • Sex offenses (rape, fondling, incest, statutory rape) • Robbery • Aggravated assault • Burglary • Motor vehicle theft • Arson

14 • Hate crimes: crimes 1-8 and larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property where evidence suggests that the victim was selected because of the perpetrator’s bias. Bias categories: race, gender, gender identity, religion, sexual orientation, ethnicity, national origin, disability • Dating violence • Domestic violence • Stalking • Arrests or referrals for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession. Example: An example is a three-week art study trip to another city for a series of art lectures and demonstrations at a museum. In the latter type of situation, any classroom or housing space specified in any written agreement entered into by ACC would be non-campus property for Clery Act reporting purposes. However, if ACC does not enter into an agreement for the use of a particular space or area, it is not required to include crimes in that area in its campus crime statistics. For example, ACC’s art students may visit museums that are open to the public without a special agreement for the use of the space in the museum. Faculty Actions To ensure that ACC meets all federal mandates regarding safety, security and equality, Faculty leaders must: • Report allegations of Clery Act crimes that they conclude were made in good faith. Faculty are not responsible for determining authoritatively whether a crime took place nor should they try to apprehend the alleged perpetrator. Those are functions of law enforcement personnel. • Report sexual offenses if they involve an ACC student/faculty/staff member, regardless of where they happened. ACC must investigate all sexual offenses involving our community members. • If a victim doesn’t want the report to go any further than the faculty member, explain that the report must be submitted to ACC PD for statistical purposes but can be submitted without identifying the victim. • Work with International Programs, ACC PD and Student Services to provide any needed support to the victim. • Reporting • To report all allegations of Clery Crimes (listed above), contact International Programs. • To report incidents of sexual harassment and misconduct, contact ACC’s Title IX Coordinator via TitleIXcomplianceofficer@austincc.edu .

15 VII. COMMUNICATION WHILE OVERSEAS Staying in Touch with International Programs Faculty members should contact International Programs via email, text, or telephone while overseas and provide weekly updates on the program. For all emergencies, faculty leaders should follow the emergency communication protocols detailed in the Emergency Response Handbook for Study Abroad Programs. The International Programs Director serves as the primary ACC point of contact for faculty leaders who are overseas and can be reached anytime day and night at +1.512.659.4250. Family and Emergency Contacts Due to confidentiality, International Programs will be the first point of contact for student’s family, spouses, and emergency contacts. Faculty leaders should refer all calls or queries to International Programs. VIII. POST-PROGRAM RESPONSIBILITIES Program Debrief Returning faculty leaders will meet with the International Programs team to discuss the following: § Program logistics; § Third-party provider or institutional partner support and services; § Academic delivery (i.e., any syllabus changes/learning outcomes/problems); § Group dynamics (i.e. problems/immersion issues/culture shock); § Disciplinary issues; and § Recommendations Faculty leader feedback will be a valuable resource for future planning and program development. Return of International Programs and College Property Any equipment or item provided to faculty leaders to ensure the safety of the group while overseas must be returned to International Programs within 14 days after the study abroad program returns to Austin. Faculty Leader Expense Report All faculty leaders are required to complete and submit a reimbursement request, with all relevant receipts, to International Programs for study abroad program expenses within 14 days after the study abroad program returns to Austin.

16 IX. WEB RESOURCES FOR HEALTH, SAFETY, AND SECURITY Faculty leader(s) can use the following web resources to research health, safety, and security issues when preparing for a study abroad program: Ø U.S. State Department – https://travel.state.gov/content/travel.html Ø Centers for Disease Control – https://wwwnc.cdc.gov/travel/ Ø Transportation Security Administration – http://www.tsa.gov/traveler-information Ø Students Abroad – http://studentsabroad.state.gov/ Ø World Health Organization – http://www.who.int/en/ XI. STUDENT INFORMATION, FERPA, AND HIPAA It is ACC policy to communicate directly with students about their academic, personal, and health records. A variety of legal, policy, and ethical obligations affect the use of student information. In addition, student information is regulated by federal privacy laws and may not be shared outside of ACC except in certain situations or with consent. The governing federal privacy laws are the Family Education Rights and Privacy Act of 1974 (or “FERPA”) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). These laws protect the privacy of student education and health records. The release of information to the public without student consent will be limited to that designated as directory information. ACC has designated the following information as directory information: • Name, address, telephone number • Date and place of birth • Major field of study • ACC student email Address • Participation in activities • Dates of attendance • Degrees, certificates, and awards • Name of the previous educational institution attended • Student classification and enrollment status However, FERPA allows the college to disclose those records, without consent, in cases of health and safety emergencies. Health and safety emergencies involving a student during a study abroad program falls under that condition. HIPAA defines Protected Health Information (PHI) as individually identifiable health information, maintained in any form or medium, that is created or received by a health care provider, health plan, or health care clearinghouse and that relates to: 1) the past, present or future mental or physical health of the individual; 2) provision of health care to the individual; or, 3) payment for the provision of health care to the individual. Protected health information does not include education records covered by the Family Educational Rights and Privacy Act (FERPA).