§ 3038. The superintendent of each school district, in consultation\nwith the district superintendent of a board of cooperative educational\nservices, where applicable, shall designate an employee who is a member\nof the school district staff or an employee of the board of cooperative\neducational services staff to provide information to any student,\nparent, or staff regarding where and how to find available substance use\nrelated services. Where possible, such designated individual shall be a\nschool social worker, school guidance counselor, or any other health\npractitioner or counselor employed by the school. Any information\nprovided by a student, parent or teacher to such designated individual\nshall be confidential, shall not be used in any school disciplinary\nproceeding and shall, in addition to any other applicable privilege, be\nconsidered confidential in the same manner as information provided\npursuant to section forty-five hundred eight of the civil practice law\nand rules. Provided, however, that nothing in this section shall relieve\nsuch designated individual of any legal duty to otherwise report such\ninformation. Such designated individual or individuals shall undergo any\nnecessary training as may be required by the commissioner.\n
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