New Requirement to Designate Staff Members to Provide Information on Substance Use Related Services

Monday, December 17, 2018

A new section of education law was signed into law on November 5th which will require superintendents in all school districts to designate either a district or BOCES staff member to provide information to any student, parent, or staff member regarding where and how to find
available substance use related services. Where possible, the district’s designee will be either a
school social worker, school guidance counselor, or other health practitioner or counselor employed by the district. The district’s designee is required to complete any necessary training required by the Commissioner.
 
In addition, the new legislation requires that any information disclosed by a student, parent or teacher to the district’s designee is confidential, except where the designee has a legal duty to report such information, and may not be used in any school disciplinary proceeding.
 
The new law will become effective on March 5, 2019. The Commissioner, in consultation with the Commissioner of the Office of Alcoholism and Substance Abuse Services, is charged with adopting regulations necessary to implement the provisions of the new law, on or before such effective date. Such regulations appear to be necessary to define the general terms of the new  legislation. We will provide further information once any draft regulations are issued.
 

For further guidance on this or any education law matter, please contact any below attorney in our education law practice group.

 

Melinda B. Bowe
Donald S. DiBenedetto
Elizabeth A. Hoffman
John R. Langey
Christopher M. Militello
Michael A. Tremont

 

 

This communication is not intended to serve as legal advice.
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