S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9147
 
                           I N  A S S E M B L Y
 
                             January 23, 2020
                                ___________
 
 Introduced  by  M.  of  A. M. L. 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:

   Section 1. The education law is amended by adding a new section 3001-e
 to read as follows:
   §  3001-E.  SEIZURE PREPAREDNESS. 1. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "INDIVIDUALIZED EMERGENCY  HEALTH  CARE  PLAN"  MEANS  A  DOCUMENT
 DEVELOPED BY THE SCHOOL NURSE, IN CONSULTATION WITH THE PARENT OR GUARD-
 IAN  OF  A STUDENT WITH A SEIZURE DISORDER AND OTHER APPROPRIATE MEDICAL
 PROFESSIONALS, WHICH IS  CONSISTENT  WITH  THE  RECOMMENDATIONS  OF  THE
 STUDENT'S  HEALTH  CARE PROVIDERS AND WHICH OUTLINES A SET OF PROCEDURAL
 GUIDELINES THAT PROVIDE SPECIFIC  DIRECTIONS  ABOUT  WHAT  TO  DO  IN  A
 PARTICULAR  EMERGENCY  SITUATION AND IS SIGNED BY THE PARENT OR GUARDIAN
 AND THE SCHOOL NURSE.
   (B) "INDIVIDUALIZED HEALTH CARE PLAN" MEANS A  DOCUMENT  DEVELOPED  BY
 THE  SCHOOL  NURSE,  IN  CONSULTATION  WITH  THE PARENT OR GUARDIAN OF A
 STUDENT WITH A SEIZURE DISORDER AND OTHER  APPROPRIATE  MEDICAL  PROFES-
 SIONALS WHO MAY BE PROVIDING SEIZURE DISORDER CARE TO THE STUDENT, WHICH
 IS  CONSISTENT  WITH  THE  RECOMMENDATIONS  OF THE STUDENT'S HEALTH CARE
 PROVIDERS AND WHICH SETS OUT THE HEALTH SERVICES NEEDED BY  THE  STUDENT
 AT SCHOOL AND IS SIGNED BY THE PARENT OR GUARDIAN AND THE SCHOOL NURSE.
   2. (A) THE PARENT OR GUARDIAN OF A STUDENT WITH A SEIZURE DISORDER WHO
 SEEKS  SEIZURE  DISORDER  CARE  WHILE  AT SCHOOL SHALL INFORM THE SCHOOL
 NURSE WHO SHALL DEVELOP AN INDIVIDUALIZED HEALTH CARE PLAN AND AN  INDI-
 VIDUALIZED  EMERGENCY HEALTH CARE PLAN FOR THE STUDENT PROVIDED THAT THE
 PARENTS OR GUARDIANS OF THE STUDENT ANNUALLY PROVIDE  TO  THE  BOARD  OF
 EDUCATION  WRITTEN  AUTHORIZATION  FOR THE PROVISION OF SEIZURE DISORDER
 CARE AS SHALL BE OUTLINED IN THE INDIVIDUALIZED PLANS.
   (B) THE INDIVIDUALIZED HEALTH CARE PLAN AND  INDIVIDUALIZED  EMERGENCY
 HEALTH  CARE  PLAN  DEVELOPED  IN  ACCORDANCE WITH PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL BE UPDATED BY THE SCHOOL NURSE PRIOR TO THE  BEGINNING
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14725-01-0

 A. 9147                             2

 OF  EACH SCHOOL YEAR AND AS NECESSARY IF THERE IS A CHANGE IN THE HEALTH
 STATUS OF THE STUDENT.
   (C) EACH INDIVIDUALIZED HEALTH CARE PLAN SHALL INCLUDE, AND EACH INDI-
 VIDUALIZED  EMERGENCY HEALTH CARE PLAN SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING INFORMATION:
   (I) WRITTEN ORDERS FROM THE STUDENT'S PHYSICIAN OR  ADVANCED  PRACTICE
 NURSE OUTLINING THE SEIZURE DISORDER CARE;
   (II)  THE SYMPTOMS OF THE SEIZURE DISORDER FOR THAT PARTICULAR STUDENT
 AND RECOMMENDED CARE;
   (III) FULL PARTICIPATION IN EXERCISE AND SPORTS, AND ANY CONTRAINDICA-
 TIONS TO EXERCISE, OR ACCOMMODATIONS THAT SHALL BE MADE FOR THAT PARTIC-
 ULAR STUDENT;
   (IV) ACCOMMODATIONS FOR SCHOOL TRIPS, AFTER-SCHOOL  ACTIVITIES,  CLASS
 PARTIES, AND OTHER SCHOOL-RELATED ACTIVITIES;
   (V)  EDUCATION OF ALL SCHOOL PERSONNEL ABOUT SEIZURE DISORDERS, HOW TO
 RECOGNIZE AND PROVIDE CARE FOR SEIZURE DISORDERS, AND WHEN TO  CALL  FOR
 ASSISTANCE;
   (VI)  MEDICAL  AND  TREATMENT  ISSUES  THAT MAY AFFECT THE EDUCATIONAL
 PROCESS OF THE STUDENT WITH THE SEIZURE DISORDER;
   (VII) THE STUDENT'S ABILITY TO MANAGE,  AND  THE  STUDENT'S  LEVEL  OF
 UNDERSTANDING OF, THE STUDENT'S SEIZURE DISORDER; AND
   (VIII)  HOW  TO MAINTAIN COMMUNICATION WITH THE STUDENT, THE STUDENT'S
 PARENT OR GUARDIAN AND HEALTH CARE  TEAM,  THE  SCHOOL  NURSE,  AND  THE
 EDUCATIONAL STAFF.
   (D) (I) THE SCHOOL NURSE ASSIGNED TO A PARTICULAR SCHOOL SHALL COORDI-
 NATE  THE  PROVISION  OF SEIZURE DISORDER CARE AT THAT SCHOOL AND ENSURE
 THAT ALL STAFF ARE TRAINED IN THE CARE OF STUDENTS WITH  SEIZURE  DISOR-
 DERS,  INCLUDING STAFF WORKING WITH SCHOOL-SPONSORED PROGRAMS OUTSIDE OF
 THE REGULAR SCHOOL DAY, AS PROVIDED IN THE  INDIVIDUALIZED  HEALTH  CARE
 PLAN AND THE INDIVIDUALIZED EMERGENCY HEALTH CARE PLAN.
   (II)  THE TRAINING REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH SHALL INCLUDE AN ONLINE COURSE  OF  INSTRUCTION  APPROVED  BY  THE
 COMMISSIONER  AND  PROVIDED  BY  THE  EPILEPSY  FOUNDATION OF AMERICA. A
 SEIZURE TRAINING PROGRAM APPROVED BY THE COMMISSIONER THAT  IS  PROVIDED
 TO  A SCHOOL DISTRICT ON PORTABLE MEDIA SHALL BE PROVIDED BY THE NONPRO-
 FIT ENTITY FREE OF CHARGE.
   3. IF A SCHOOL BUS DRIVER TRANSPORTS A STUDENT WITH A  SEIZURE  DISOR-
 DER, THE SCHOOL DISTRICT SHALL PROVIDE THE DRIVER WITH:
   (A) A NOTICE OF THE STUDENT'S CONDITION;
   (B) INFORMATION ON HOW TO PROVIDE CARE FOR THE SEIZURE DISORDER;
   (C) EMERGENCY CONTACT INFORMATION; AND
   (D) PARENT CONTACT INFORMATION.
   4.  THE  SCHOOL NURSE SHALL OBTAIN CONSENT FROM THE PARENT OR GUARDIAN
 OF A STUDENT WITH A SEIZURE DISORDER TO AUTHORIZE THE SHARING OF MEDICAL
 INFORMATION BETWEEN THE STUDENT'S PHYSICIAN OR ADVANCED  PRACTICE  NURSE
 AND  OTHER HEALTH CARE PROVIDERS. SUCH NURSE SHALL ALSO BE AUTHORIZED TO
 SHARE MEDICAL  INFORMATION  WITH  OTHER  STAFF  MEMBERS  OF  THE  SCHOOL
 DISTRICT AS NECESSARY.
   5.  NO SCHOOL EMPLOYEE, INCLUDING A SCHOOL NURSE, A SCHOOL BUS DRIVER,
 A SCHOOL BUS AIDE, OR ANY OTHER OFFICER OR AGENT OF A  BOARD  OF  EDUCA-
 TION, SHALL BE HELD LIABLE FOR ANY GOOD FAITH ACT OR OMISSION CONSISTENT
 WITH  THE PROVISIONS OF THIS SECTION. GOOD FAITH SHALL NOT INCLUDE WILL-
 FUL MISCONDUCT, GROSS NEGLIGENCE, OR RECKLESSNESS.
   § 2. This act shall take effect immediately.