S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10818

                          I N  A S S E M B L Y

                             April 23, 2010
                               ___________

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.