STATE OF NEW YORK
________________________________________________________________________
3953
2021-2022 Regular Sessions
IN ASSEMBLY
January 29, 2021
___________
Introduced by M. of A. M. MILLER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring schools have
health care plans in place and teachers trained for if a student has a
seizure
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 preparedness. 1. For the purposes of this section,
4 the following terms shall have the following meanings:
5 (a) "Individualized emergency health care plan" means a document
6 developed by the school nurse, in consultation with the parent or guard-
7 ian of a student with a seizure disorder and other appropriate medical
8 professionals, which is consistent with the recommendations of the
9 student's health care providers and which outlines a set of procedural
10 guidelines that provide specific directions about what to do in a
11 particular emergency situation and is signed by the parent or guardian
12 and the school nurse.
13 (b) "Individualized health care plan" means a document developed by
14 the school nurse, in consultation with the parent or guardian of a
15 student with a seizure disorder and other appropriate medical profes-
16 sionals who may be providing seizure disorder care to the student, which
17 is consistent with the recommendations of the student's health care
18 providers and which sets out the health services needed by the student
19 at school and is signed by the parent or guardian and the school nurse.
20 2. (a) The parent or guardian of a student with a seizure disorder who
21 seeks seizure disorder care while at school shall inform the school
22 nurse who shall develop an individualized health care plan and an indi-
23 vidualized emergency health care plan for the student provided that the
24 parents or guardians of the student annually provide to the board of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08667-01-1
A. 3953 2
1 education written authorization for the provision of seizure disorder
2 care as shall be outlined in the individualized plans.
3 (b) The individualized health care plan and individualized emergency
4 health care plan developed in accordance with paragraph (a) of this
5 subdivision shall be updated by the school nurse prior to the beginning
6 of each school year and as necessary if there is a change in the health
7 status of the student.
8 (c) Each individualized health care plan shall include, and each indi-
9 vidualized emergency health care plan shall include, but not be limited
10 to, the following information:
11 (i) written orders from the student's physician or advanced practice
12 nurse outlining the seizure disorder care;
13 (ii) the symptoms of the seizure disorder for that particular student
14 and recommended care;
15 (iii) full participation in exercise and sports, and any contraindica-
16 tions to exercise, or accommodations that shall be made for that partic-
17 ular student;
18 (iv) accommodations for school trips, after-school activities, class
19 parties, and other school-related activities;
20 (v) education of all school personnel about seizure disorders, how to
21 recognize and provide care for seizure disorders, and when to call for
22 assistance;
23 (vi) medical and treatment issues that may affect the educational
24 process of the student with the seizure disorder;
25 (vii) the student's ability to manage, and the student's level of
26 understanding of, the student's seizure disorder; and
27 (viii) how to maintain communication with the student, the student's
28 parent or guardian and health care team, the school nurse, and the
29 educational staff.
30 (d) (i) The school nurse assigned to a particular school shall coordi-
31 nate the provision of seizure disorder care at that school and ensure
32 that all staff are trained in the care of students with seizure disor-
33 ders, including staff working with school-sponsored programs outside of
34 the regular school day, as provided in the individualized health care
35 plan and the individualized emergency health care plan.
36 (ii) The training required pursuant to subparagraph (i) of this para-
37 graph shall include an online course of instruction approved by the
38 commissioner and provided by the Epilepsy Foundation of America. A
39 seizure training program approved by the commissioner that is provided
40 to a school district on portable media shall be provided by the nonpro-
41 fit entity free of charge.
42 3. If a school bus driver transports a student with a seizure disor-
43 der, the school district shall provide the driver with:
44 (a) a notice of the student's condition;
45 (b) information on how to provide care for the seizure disorder;
46 (c) emergency contact information; and
47 (d) parent contact information.
48 4. The school nurse shall obtain consent from the parent or guardian
49 of a student with a seizure disorder to authorize the sharing of medical
50 information between the student's physician or advanced practice nurse
51 and other health care providers. Such nurse shall also be authorized to
52 share medical information with other staff members of the school
53 district as necessary.
54 5. No school employee, including a school nurse, a school bus driver,
55 a school bus aide, or any other officer or agent of a board of educa-
56 tion, shall be held liable for any good faith act or omission consistent
A. 3953 3
1 with the provisions of this section. Good faith shall not include will-
2 ful misconduct, gross negligence, or recklessness.
3 § 2. This act shall take effect immediately.
