§ 3038. The superintendent of each school district, in consultation
with the district superintendent of a board of cooperative educational
services, where applicable, shall designate an employee who is a member
of the school district staff or an employee of the board of cooperative
educational services staff to provide information to any student,
parent, or staff regarding where and how to find available substance use
related services. Where possible, such designated individual shall be a
school social worker, school guidance counselor, or any other health
practitioner or counselor employed by the school. Any information
provided by a student, parent or teacher to such designated individual
shall be confidential, shall not be used in any school disciplinary
proceeding and shall, in addition to any other applicable privilege, be
considered confidential in the same manner as information provided
pursuant to section forty-five hundred eight of the civil practice law
and rules. Provided, however, that nothing in this section shall relieve
such designated individual of any legal duty to otherwise report such
information. Such designated individual or individuals shall undergo any
necessary training as may be required by the commissioner.