S T A T E O F N E W Y O R K
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10818
I N A S S E M B L Y
April 23, 2010
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Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to directing the commis-
sioner of education to establish rules and regulations for the treat-
ment and monitoring of students who suffer concussions or head inju-
ries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. A. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE
DEPARTMENT OF HEALTH AND THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
ASSOCIATION, SHALL:
(1) PROMULGATE, IMPLEMENT AND REGULARLY UPDATE RULES AND REGULATIONS
ESTABLISHING THE MINIMUM STANDARDS FOR ALL SCHOOL DISTRICTS, BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS RELATING TO THE
TREATMENT AND MONITORING OF PUPILS WHO SUFFER OR ARE SUSPECTED OF
SUFFERING CONCUSSIONS AND HEAD INJURIES WHILE RECEIVING INSTRUCTION OR
ENGAGING IN ANY SCHOOL SPONSORED OR RELATED ACTIVITY. SUCH RULES AND
REGULATIONS SHALL PROVIDE FOR THE APPROPRIATE LEVEL OF MONITORING THE
CONDITION, BOTH MENTAL AND PHYSICAL, OF EVERY PUPIL WHO HAS SUFFERED OR
IS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY, AND PROVIDE
APPROPRIATE RESTRICTIONS ON PARTICIPATION IN ATHLETIC ACTIVITIES BY SUCH
PUPILS, INCLUDING, BUT NOT LIMITED TO, REQUIRING A WRITTEN RELEASE FORM
FROM A LICENSED HEALTH CARE PROVIDER TRAINED IN THE EVALUATION AND
MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES PRIOR TO THE RESUMPTION OF
ATHLETIC ACTIVITIES BY A PUPIL WHO HAS SUFFERED OR IS SUSPECTED OF
SUFFERING A CONCUSSION OR HEAD INJURY;
(2) PROMULGATE AND DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS AN INFORMATION
PAMPHLET TO EDUCATE COACHES, PUPILS PARTICIPATING IN INTERSCHOLASTIC
SPORTS, PUPILS WHO HAVE SUFFERED OR ARE SUSPECTED OF SUFFERING CONCUS-
SIONS OR HEAD INJURIES AND PERSONS IN PARENTAL RELATION TO A PUPIL ON
THE NATURE AND RISKS OF CONCUSSIONS AND HEAD INJURIES. A COPY OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16990-02-0
A. 10818 2
PAMPHLET SHALL BE PROVIDED ANNUALLY TO EVERY TEACHER OF PHYSICAL EDUCA-
TION, COACH OF INTERSCHOLASTIC TEAMS, EVERY INTERSCHOLASTIC STUDENT-ATH-
LETE, EVERY PUPIL WHO SUFFERS OR IS SUSPECTED OF SUFFERING A CONCUSSION
OR HEAD INJURY AND THE PERSON IN PARENTAL RELATION TO EACH PUPIL WHO
PARTICIPATES IN AN INTERSCHOLASTIC SPORT OR HAS SUFFERED OR IS SUSPECTED
OF SUFFERING A CONCUSSION OR HEAD INJURY; AND
(3) PROMULGATE AND DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES AND NONPUBLIC SCHOOLS A FORM WHICH ATTESTS
TO RECEIPT OF THE PAMPHLET ESTABLISHED PURSUANT TO SUBPARAGRAPH TWO OF
THIS PARAGRAPH AND THAT THE SIGNATORS HAVE READ AND UNDERSTAND THE
NATURE AND RISKS OF CONCUSSIONS AND HEAD INJURIES. NO PUPIL SHALL PRAC-
TICE FOR OR ENGAGE IN INTERSCHOLASTIC SPORTS UNTIL SUCH PUPIL AND THE
PERSON IN PARENTAL RELATION TO HIM OR HER HAVE SIGNED SUCH FORM. A NEW
FORM SHALL BE SIGNED BY THE PUPIL AND THE PERSON IN PARENTAL RELATION TO
HIM OR HER IN EVERY YEAR IN WHICH SUCH PUPIL PRACTICES FOR OR ENGAGES IN
INTERSCHOLASTIC SPORTS.
B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
BY EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
NONPUBLIC SCHOOL RELATING TO CONCUSSIONS AND HEAD INJURIES. NOTHING IN
THIS SUBDIVISION SHALL PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLE-
MENTING MORE STRINGENT STANDARDS.
S 2. The education law is amended by adding a new section 3001-e to
read as follows:
S 3001-E. STUDENTS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY.
1. ANY TEACHER, COACH, SCHOOL ADMINISTRATOR, SCHOOL GUIDANCE COUNSELOR,
SCHOOL PSYCHOLOGIST, SCHOOL DRUG COUNSELOR, SCHOOL NURSE, SUPERVISOR OF
ATTENDANCE, ATTENDANCE TEACHER OR ATTENDANCE OFFICER HAVING REASONABLE
CAUSE TO SUSPECT THAT A SECONDARY OR ELEMENTARY STUDENT HAS SUFFERED A
CONCUSSION OR HEAD INJURY SHALL IMMEDIATELY REMOVE SUCH STUDENT FROM ANY
PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
2. ANY STUDENT WHO HAS BEEN REMOVED FROM ANY PHYSICAL ACTIVITY OR
ATHLETIC COMPETITION DUE TO SUSPICION OF SUCH STUDENT HAVING SUFFERED A
CONCUSSION OR HEAD INJURY SHALL NOT RETURN TO ANY PHYSICAL ACTIVITY OR
ATHLETIC COMPETITION UNTIL SUCH STUDENT HAS PROVIDED A WRITTEN RELEASE
FORM FROM A LICENSED HEALTH CARE PROVIDER TRAINED IN THE EVALUATION AND
MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES STATING THAT THE STUDENT MAY
RETURN TO PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
S 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.