S T A T E O F N E W Y O R K
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7885--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 20, 2011
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Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 43 to read as follows:
43. A. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH
AND THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION, SHALL:
(1) PROMULGATE AND REGULARLY UPDATE RULES AND REGULATIONS TO ESTABLISH
MINIMUM STANDARDS FOR ALL SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES AND NONPUBLIC ELEMENTARY AND SECONDARY 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 SCHOOL SPONSORED OR RELATED PHYSICAL OR ATHLETIC ACTIVITIES.
SUCH RULES AND REGULATIONS SHALL PROVIDE FOR AN 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 PHYSICAL OR
ATHLETIC ACTIVITIES BY SUCH PUPILS. IN ADDITION, A WRITTEN RELEASE FORM
FROM A LICENSED HEALTH CARE PROVIDER TRAINED IN THE EVALUATION AND
MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES SHALL BE FILED WITH SUCH
PUPIL'S SCHOOL PRIOR TO THE RESUMPTION OF PHYSICAL OR ATHLETIC ACTIV-
ITIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11028-03-2
A. 7885--A 2
(2) DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES AND NONPUBLIC SCHOOLS AN INFORMATION PAMPHLET TO EDUCATE
COACHES, PUPILS PARTICIPATING IN INTERSCHOLASTIC SPORTS, PUPILS WHO HAVE
SUFFERED OR ARE SUSPECTED OF SUFFERING CONCUSSIONS OR HEAD INJURIES AND
PERSONS IN PARENTAL RELATION TO A PUPIL ON THE NATURE, INCIDENCE, TREAT-
MENT, WARNING SIGNS AND RISKS OF CONCUSSIONS AND HEAD INJURIES. A COPY
OF SUCH PAMPHLET SHALL BE PROVIDED ANNUALLY TO EVERY TEACHER OF PHYSICAL
EDUCATION, EVERY COACH OF INTERSCHOLASTIC TEAMS, 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 INTERSCHOLAS-
TIC SPORT OR HAS SUFFERED OR IS SUSPECTED OF SUFFERING A CONCUSSION OR
HEAD INJURY; AND
(3) DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA-
TIONAL 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 PRACTICE 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.