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A04578 Summary:

Add §3001-e, Ed L
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.
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A04578 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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