senate Bill S631

2011-2012 Legislative Session

Relates to the establishment and implementation of guidelines concerning certain head injuries

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 05, 2011 referred to education

S631 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยง921, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S7604

S631 - Bill Texts

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Relates to the establishment and implementation of guidelines concerning certain head injuries.

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BILL NUMBER:S631

TITLE OF BILL:
An act
to amend the education law, in relation to the establishment and
implementation of guidelines concerning certain head injuries

PURPOSE OR GENERAL IDEA OF BILL:
To establish guidelines by which
students will be allowed to return to participation in certain
athletic and recreational activities after
incurring a concussion.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the Education Law by adding a
new section 921. Requires that every school district establish and
implement guidelines for the return to athletic competition, gym
class or school sponsored recreational activities after suffering a
concussion. The guidelines shall include, but will not be limited to:
written clearance from a physician before the student is allowed to
return to athletic competition, participation in gym class or other
school sponsored activities.

JUSTIFICATION:
A recent national study conducted by the Center for Disease Control in
Atlanta showed that the number of sports-related traumatic injuries
incurred each year was not 82,000 as previously expected, but
actually closer to 300,000. A series in Newsday reported that
approximately 100 Long Island high school football players suffer
from minor concussions annually. This obviously presents a serious
public health problem.

The Center for the Study of Traumatic Encephalopathy, along with other
research institutions, has recently shed light on the trauma
experienced by NFL players. Many NFL players experience concussions
beginning in high school, and show sever brain degeneration that
closely resembles Alzheimer's disease after repeated concussions.
Even minor impacts can cause a concussion.

In order to protect our students and student-athletes, it is necessary
that we establish state-wide guidelines for the management and
tracking of concussions. If a concussion does not heal properly prior
to an individual returning to athletic or risky activities, the
chances of receiving yet another concussion increase. Multiple
concussions have been known to lead to permanent brain injury and
even death.

This legislation would establish the necessary guidelines. Students
would not be allowed to return to certain activities after suffering
from a concussion without written clearance from a physician. This
would reduce the chance of a student returning to activity before
they have had the chance to properly heal. Schools would be required
to implement a system for tracking any concussions a student incurs
throughout their elementary and secondary years. This would give
school nurses and administrators important health information
regarding students.


PRIOR LEGISLATIVE HISTORY:
02/06/06: A.706, Passed Assembly
06/08/05: A.706, Passed Assembly
03/01/04: A.1889, Passed Assembly
2010: S.7604/A.8385-A

FISCAL IMPLICATIONS:
De minimis.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately any rules and
regulations necessary for the timely implementation of this act on
its effective date shall be promulgated on or before such date.

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

                                   631

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to the establishment  and
  implementation of guidelines concerning certain head injuries

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 921 to
read as follows:
  S 921. GUIDELINES FOR CERTAIN ATHLETIC AND RECREATIONAL PARTICIPATION.
1. EVERY SCHOOL DISTRICT SHALL ESTABLISH AND  IMPLEMENT  GUIDELINES  FOR
THE RETURN TO ATHLETIC COMPETITION, GYM CLASS OR SCHOOL SPONSORED RECRE-
ATIONAL ACTIVITY BY STUDENTS AFTER SUFFERING A CONCUSSION.
  2.  THE  GUIDELINES  PROVIDED  FOR  IN SUBDIVISION ONE OF THIS SECTION
SHALL INCLUDE, BUT NOT BE LIMITED TO, WRITTEN CLEARANCE FROM A PHYSICIAN
BEFORE THE STUDENT IS ALLOWED TO RETURN TO ATHLETIC COMPETITION, PARTIC-
IPATION IN GYM CLASS OR OTHER SCHOOL SPONSORED RECREATIONAL ACTIVITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, any rules  and  regu-
lations  necessary  for  the  timely  implementation  of this act on its
effective date shall be promulgated on or before such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01806-01-1

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