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.
STATE OF NEW YORK
________________________________________________________________________
4578
2023-2024 Regular Sessions
IN ASSEMBLY
February 17, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06246-01-3
A. 4578 2
1 seizure disorder symptoms approved by the food and drug administration
2 of the United States department of health and human services.
3 2. (a) The parent or guardian of a student who seeks seizure disorder
4 care while at school or a school-sponsored activity shall inform the
5 school nurse who shall develop a seizure action plan for the student
6 consistent with the provisions of this section.
7 (b) The seizure action plan developed in accordance with paragraph (a)
8 of this subdivision shall be updated by the school nurse prior to the
9 beginning of each school year and as necessary if there is a change in
10 the health status of the student.
11 3. Prior to the administering a seizure rescue medication or medica-
12 tion to treat seizure disorder symptoms, the student's parent or guardi-
13 an shall provide:
14 (a) the board of education, board of trustees or the governing board
15 of such student's school district and the school which such student is
16 enrolled in with a written authorization to administer the medication at
17 school or a school-sponsored event;
18 (b) written orders from the student's health care providers outlining
19 the student's seizure disorder care including, but not be limited to,
20 the following information:
21 (i) the student's name;
22 (ii) the name and purpose of the prescribed medication;
23 (iii) the prescribed dosage for such medication;
24 (iv) the route of administration for such medication;
25 (v) the frequency such medication should be administered; and
26 (vi) the circumstances for which such medication may be administered;
27 and
28 (c) the prescribed medication in its unopened, sealed packaging with
29 the label affixed by the dispensing pharmacy intact to the school which
30 the student is enrolled.
31 4. The board of education or trustees of each school district and the
32 governing body of each private and parochial school located within the
33 state shall employee at each school at least one school employee who has
34 met the training requirements necessary to administer or assist with the
35 self-administration of:
36 (a) a seizure rescue medication or medication to treat seizure disor-
37 der symptoms as approved by the food and drug administration of the
38 United States department of health and human services and any successor
39 agency; and
40 (b) a manual dose of prescribed electronic stimulation using a vagus
41 nerve stimulator magnet approved by the United States department of
42 health and human services for responding to seizure disorder symptoms.
43 5. (a) All public school districts shall provide training to a build-
44 ing principal, guidance counselor, teacher and or any other relevant
45 officer or agent of a board of education, including a bus driver and a
46 classroom aide, on the recognition of the signs and symptoms of a
47 seizure and the appropriate steps to be taken to respond to such symp-
48 toms. Such training shall take place annually or biennially.
49 (b) Training shall include any training programs or guidelines adopted
50 by any state agency, the Epilepsy Foundation of America and any succes-
51 sor organization for the training of school employees in the health care
52 needs of students diagnosed with a seizure disorder.
53 (c) Training shall be taught by a representative of a chapter or
54 affiliate of the Epilepsy Foundation of America or any similar epilepsy
55 service organization either by in-person training or by a live or pre-
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1 recorded online webinar training or may be administered online through
2 the learning management system of the Epilepsy Foundation of America.
3 6. If such training takes place biannually, a minimum of one hour of
4 self-study review of seizure disorder materials shall be required for
5 all building principals, guidance counselors and teachers during each
6 academic year that formal training is not provided pursuant to subdivi-
7 sion five of this section.
8 7. (a) All public school districts shall provide to pupils in grades
9 kindergarten through twelve, instruction on seizures and seizure disor-
10 ders.
11 (b) The commissioner shall promulgate rules and regulations to estab-
12 lish a curriculum for instruction regarding seizures and seizure disor-
13 ders that is consisted with the guidelines published by the Epilepsy
14 Foundation of America and any successor organization regarding educating
15 pupils on seizures and seizure disorders.
16 8. The school nurse shall obtain consent from the parent or guardian
17 of a student to authorize the sharing of medical information between the
18 student's physician or advanced practice nurse and other health care
19 providers. Such nurse shall also be authorized to share medical informa-
20 tion with other employees of the school district as necessary.
21 9. No school employee, including a school nurse, a school bus driver,
22 a classroom aide, or any other officer or agent of a board of education,
23 shall be held liable for any good faith act or omission consistent with
24 the provisions of this section. Good faith shall not include willful
25 misconduct, gross negligence, or recklessness.
26 10. The board, in consultation with the commissioner, shall promulgate
27 rules and regulations, including procedures and content for the develop-
28 ment of a seizure action plan and the seizure education program, as they
29 deem necessary and to effectuate the provisions of this section.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law. Effective immediately, the addition, amend-
32 ment and/or repeal of any rule or regulation necessary for the implemen-
33 tation of this act on its effective date are authorized to be made and
34 completed on or before such effective date.
