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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4578
SPONSOR: McGowan TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To require that school personnel, including nurses, teachers, and volun-
teers, are not only prepared but can recognize and respond appropriately
and efficiently to the student experiencing a seizure. This legislation
safeguards physician-directed care in the school setting allowing
students to access necessary and oftentimes life-saving medication.
Additionally, by bringing awareness to the entire educational community,
students living with epilepsy or a seizure, disorder can feel safe in
school and reach their full academic potential.
SUMMARY OF PROVISIONS:
The education law is amended by adding a new section 3001-e
Section I: Defines "seizure action plan" and "eligible student"
Section II: Requires the New York State Board of Education to promulgate
administrative regulations establishing procedures for the development
and content of seizure action plans
Section III: Requires school districts to have at least one individual
who has met the training requirements necessary to administer medication
Section IV: Requires parents of eligible students to provide the school
with written authorization to administer medications at school and
provide a written statement from the student's health care practitioner.
This section also subjects the student's parents or guardians to poli-
cies and guidelines for medication management under the New York State
Education Department and their school district
Section V: Requires training of relevant school personnel on seizure
recognition and response annually or biennially. This section states
that training programs and guidelines shall be consistent with those
developed by the Epilepsy Foundation of America or any successor organ-
ization. Additionally, trainings may be provided in person or online.
Every public school shall provide an age-appropriate seizure education
program to all students in a classroom or grade-level. The seizure
education program shall be consistent with guidelines published by the
Epilepsy Foundation of America and any successor organization for
educating students on seizures andseizure disorder. The New York State
Board of Education shall promulgate administrative regulations for the
implementation of the seizure education program. This section also
requires one hour of self-study review of seizure materials for all
principals, guidance counselors, and teachers during each academic year
that formal training as outlined in paragraph (c) of this subsection is
not provided.
Section VI: Provides that a school district, school district employee,
or agent acting in good faith and in substantial compliance with the
student's individual health plan and the instructions of the student's
licensed health care professional, that provides assistance or services
under this act shall not be liable in any criminal action or for civil
damages in his or her individual or marital or governmental or corporate
or other capacities as a result of the services provided under this act
to students with epilepsy or other seizure disorders
Section VII: Effective Date
JUSTIFICATION:
Epilepsy, or seizure disorder, is a chronic neurological condition that
causes recurring unprovoked seizures. It is estimated that 1 in 26
people will be diagnosed in their lifetime, which is roughly one student
per classroom. In New York State alone, an estimated 26,600 school-aged
children live with epilepsy. Seizures can present in ways other than
convulsions and therefore can go undetected in children or be mistaken
for behavioral problems, such as not paying attention or being disrup-
tive in class. This can lead to unfair disciplinary action and negative
consequences for their academic success. Furthermore, improper responses
to seizure activity (first aid) can lead to injury and, in severe cases,
brain damage or even death.
Currently, trainings on seizure recognition and response are provided
in-person and online as requested by schools on an individual basis.
This bill seeks to impose a uniform standard for seizure recognition and
response training, administration of FDA-approved medications for chil-
dren living with seizure disorder, and the inclusion of a seizure action
or response plan as part of a student's file that will be accessible to
personnel who work with the student. This bill will ensure that all
school-aged children that are presently diagnosed with epilepsy, or
those who will develop epilepsy, are in a safe environment while at
school, while maximizing their academic potential and reducing the stig-
ma associated with epilepsy.
PRIOR LEGISLATIVE HISTORY:
2020/2021: A.9996
2021/2022: A.6019
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to state
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.
