Student Privacy and Mental Health: What Can and Must Be Disclosed

Agenda / Content Covered

Session time: 2:00PM - 4:15PM Eastern time
Break: 3:00 - 3:15
Presenter: Giulia Frasca

1. Student Confidentiality: Exceptions and Mandatory Reporting
2. Social Media Use and Student Mental Health: School Legal Duties and Limitations
   1. Social Media and Student Anxiety, Stress, Depression
   2. COPPA: What can Schools Monitor and When?
   3. Can Schools Request a Student's Login Information?
   4. Search and Seizure and Video Surveillance Issues When a Student is at Risk
   5. Sample Social Media Policies and Guidelines
   6. Lessons From Recent Court Cases
3. FERPA: Making Safety Disclosures Without Consent
4. Schools and Mental Health Professionals: The Interplay Between HIPAA and FERPA
5. Communicating With Other Schools About Mental Health Conditions
   1. What Can They Know, Ask About?
   2. What They Should Know, Care About
   3. When and How Can They Share What They Know About a Student's Mental Health?
6. Communicating with Parents: Legal Requirements
   1. What Can and Must be Disclosed
   2. Documenting Every Effort to Notify Parents
   3. Texts, Chatting and Other Informal Communication: Legal Risks
   4. Dealing with Recalcitrant Parents or Parents in Denial
   5. Responding to Concerns Raised by Parents of Other Students

Accreditation Details:

GIULIA FRASCA is an attorney at Barger & Gaines, a law firm representing families in New York, New Jersey, Connecticut and Michigan in special education law and advocacy, estate planning, guardianship, and general education matters. She focuses her practice on special education, education law and disciplinary matters, special needs planning, Child Protective Service and Association for Children's Services matters, OPWDD appeals, involuntary commitment and assisted outpatient treatment matters in New York, New Jersey and Connecticut. Ms. Frasca has been successful in litigating against school districts for reimbursement for tuition, compensatory services and appropriate programs for students with special needs when the school districts failed to provide one. She has litigated such matters from the administrative level to the Second Circuit Court of Appeals utilizing both aggressive litigation strategy and effective collaboration with parents and school districts. Ms. Frasca has also represented children with special needs in disciplinary and bullying matters, in special needs planning, and in matters against the Association for Children's Services in NYC and Child Protective Services in Westchester. She received her B.A. degree from Fordham University and her J.D. degree from CUNY School of Law at Queens College. After graduating from law school, Ms. Frasca attended Pace Law School where she obtained an LL.M. degree in environmental law, and a certificate in real estate and land use. She is admitted to practice in New York, New Jersey and Connecticut. Ms. Frasca is admitted to the U.S. District Courts for the Southern and Eastern districts of New York, the Second Circuit Court of Appeals, and the Supreme Court of the United States.