Bill Text: NY A09996 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires schools to develop a seizure action plan for students diagnosed with a seizure disorder and have teachers trained for if a student has a seizure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-04 - referred to education [A09996 Detail]
Download: New_York-2019-A09996-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9996 IN ASSEMBLY March 4, 2020 ___________ Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring schools to develop a seizure action plan for students diagnosed with a seizure disorder The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 3001-e 2 to read as follows: 3 § 3001-e. Seizure action plan. 1. As used in this section, the follow- 4 ing terms shall have the following meanings: 5 (a) "Seizure action plan" shall mean a document developed by the 6 school nurse, in consultation with the parent or guardian of a student 7 with a seizure disorder and other appropriate medical professionals who 8 may be providing seizure disorder care to the student, which is consist- 9 ent with the recommendations of the student's health care providers and 10 which sets out the health services needed by the student at school or a 11 school-sponsored activity, is signed by the parent or guardian and the 12 school nurse, and shall be: 13 (i) kept on file in the office of the school nurse or school adminis- 14 trator; 15 (ii) distributed to any school employee responsible for the super- 16 vision or care of the student for which such plan was created and who 17 has received proper training; and 18 (iii) provided annually to the board of education by the parents or 19 guardians of the student and contain a written authorization to adminis- 20 ter any medications listed in such plan pursuant to subdivision three of 21 this section. 22 (b) "Student" shall mean a student with epilepsy or a seizure disorder 23 who is prescribed seizure rescue medication or medication to treat 24 seizure disorder symptoms approved by the food and drug administration 25 of the United States department of health and human services. 26 2. (a) The parent or guardian of a student who seeks seizure disorder 27 care while at school or a school-sponsored activity shall inform the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15670-01-0A. 9996 2 1 school nurse who shall develop a seizure action plan for the student 2 consistent with the provisions of this section. 3 (b) The seizure action plan developed in accordance with paragraph (a) 4 of this subdivision shall be updated by the school nurse prior to the 5 beginning of each school year and as necessary if there is a change in 6 the health status of the student. 7 3. Prior to the administering a seizure rescue medication or medica- 8 tion to treat seizure disorder symptoms, the student's parent or guardi- 9 an shall provide: 10 (a) the board of education, board of trustees or the governing board 11 of such student's school district and the school which such student is 12 enrolled in with a written authorization to administer the medication at 13 school or a school-sponsored event; 14 (b) written orders from the student's health care providers outlining 15 the student's seizure disorder care including, but not be limited to, 16 the following information: 17 (i) the student's name; 18 (ii) the name and purpose of the prescribed medication; 19 (iii) the prescribed dosage for such medication; 20 (iv) the route of administration for such medication; 21 (v) the frequency such medication should be administered; and 22 (vi) the circumstances for which such medication may be administered; 23 and 24 (c) the prescribed medication in its unopened, sealed packaging with 25 the label affixed by the dispensing pharmacy intact to the school which 26 the student is enrolled. 27 4. The board of education or trustees of each school district and the 28 governing body of each private and parochial school located within the 29 state shall employee at each school at least one school employee who has 30 met the training requirements necessary to administer or assist with the 31 self-administration of: 32 (a) a seizure rescue medication or medication to treat seizure disor- 33 der symptoms as approved by the food and drug administration of the 34 United States department of health and human services and any successor 35 agency; and 36 (b) a manual dose of prescribed electronic stimulation using a vagus 37 nerve stimulator magnet approved by the United States department of 38 health and human services for responding to seizure disorder symptoms. 39 5. (a) All public school districts shall provide training to a build- 40 ing principal, guidance counselor, teacher and or any other relevant 41 officer or agent of a board of education, including a bus driver and a 42 classroom aide, on the recognition of the signs and symptoms of a 43 seizure and the appropriate steps to be taken to respond to such symp- 44 toms. Such training shall take place annually or biennially. 45 (b) Training shall include any training programs or guidelines adopted 46 by any state agency, the Epilepsy Foundation of America and any succes- 47 sor organization for the training of school employees in the health care 48 needs of students diagnosed with a seizure disorder. 49 (c) Training shall be taught by a representative of a chapter or 50 affiliate of the Epilepsy Foundation of America or any similar epilepsy 51 service organization either by in-person training or by a live or pre- 52 recorded online webinar training or may be administered online through 53 the learning management system of the Epilepsy Foundation of America. 54 6. If such training takes place biannually, a minimum of one hour of 55 self-study review of seizure disorder materials shall be required for 56 all building principals, guidance counselors and teachers during eachA. 9996 3 1 academic year that formal training is not provided pursuant to subdivi- 2 sion five of this section. 3 7. (a) All public school districts shall provide to pupils in grades 4 kindergarten through twelve, instruction on seizures and seizure disor- 5 ders. 6 (b) The commissioner shall promulgate rules and regulations to estab- 7 lish a curriculum for instruction regarding seizures and seizure disor- 8 ders that is consisted with the guidelines published by the Epilepsy 9 Foundation of America and any successor organization regarding educating 10 pupils on seizures and seizure disorders. 11 8. The school nurse shall obtain consent from the parent or guardian 12 of a student to authorize the sharing of medical information between the 13 student's physician or advanced practice nurse and other health care 14 providers. Such nurse shall also be authorized to share medical informa- 15 tion with other employees of the school district as necessary. 16 9. No school employee, including a school nurse, a school bus driver, 17 a classroom aide, or any other officer or agent of a board of education, 18 shall be held liable for any good faith act or omission consistent with 19 the provisions of this section. Good faith shall not include willful 20 misconduct, gross negligence, or recklessness. 21 10. The board, in consultation with the commissioner, shall promulgate 22 rules and regulations, including procedures and content for the develop- 23 ment of a seizure action plan and the seizure education program, as they 24 deem necessary and to effectuate the provisions of this section. 25 § 2. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law. Effective immediately, the addition, amend- 27 ment and/or repeal of any rule or regulation necessary for the implemen- 28 tation of this act on its effective date are authorized to be made and 29 completed on or before such effective date.
