S T A T E O F N E W Y O R K
________________________________________________________________________
1074--A
2021-2022 Regular Sessions
I N S E N A T E
January 6, 2021
___________
Introduced by Sens. HOYLMAN, MAY -- read twice and ordered printed, and
when printed to be committed to the Committee on Education -- recom-
mitted to the Committee on Education in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to updating school
concussion management and response protocols and increasing concussion
data collection and reporting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "concussion
management and awareness improvement act of 2022".
§ 2. Subdivision 42 of section 305 of the education law, as added by
chapter 496 of the laws of 2011, is amended to read as follows:
42. a. The commissioner, in conjunction with the commissioner of
health, shall promulgate and review as necessary rules and regulations
relating to pupils who suffer mild traumatic brain injuries, also
referred to as a "concussion," while receiving instruction or engaging
in any school sponsored [or], SCHOOL related activity, OR COMPETITIVE,
TRAVEL YOUTH SPORT ON SCHOOL DISTRICT PROPERTY. In developing such
rules and regulations, the commissioner shall consider comments from
stakeholders and other interested parties including but not limited to
parents, teachers, students, school administrators, school athletic
trainers, sport coaches, medical and health professionals, the public
schools athletic league (PSAL), the New York state public high school
athletic association (NYSPHSAA), and other athletic associations. Such
regulations shall include, but not be limited to:
(i) requiring a course of instruction relating to recognizing the
symptoms of mild traumatic brain injuries and monitoring and seeking
proper medical treatment for pupils who suffer mild traumatic brain
injuries. Such course of instruction shall be required to be completed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02372-02-1
S. 1074--A 2
on a biennial basis by all school coaches, physical education teachers,
nurses [and], athletic trainers, MEDICAL DIRECTORS, PHYSICIANS, NURSE
PRACTITIONERS, AND PHYSICIAN ASSISTANTS EMPLOYED BY OR UNDER CONTRACT TO
A SCHOOL OR SCHOOL DISTRICT. The course of instruction required by this
subparagraph shall include, but not be limited to, the definition of a
"concussion," signs and symptoms of mild traumatic brain injuries, how
such injuries may occur, practices regarding prevention, and the guide-
lines for the return to school and to certain school activities after a
pupil has suffered a mild traumatic brain injury regardless of whether
such injury occurred outside of school. Such training may be completed
by means of courses of instruction, including but not limited to, cours-
es provided online and by teleconference approved by the department;
(ii) providing that the department and the department of health shall
post on their internet websites information relating to mild traumatic
brain injuries, which shall include but not be limited to, the defi-
nition of a "concussion," signs and symptoms of mild traumatic brain
injuries, how such injuries may occur, and the guidelines for the return
to school and to certain school activities after a pupil has suffered a
mild traumatic brain injury regardless of whether such injury occurred
outside of school. Schools shall be required to include such information
in any permission form or parent or person in parental relation consent
form or similar document that may be required for a pupil's partic-
ipation in interscholastic sports and shall also include such informa-
tion, or reference how to obtain such information from the department
and the department of health internet websites, on the school's internet
website, if one exists;
(iii) requiring the immediate removal from athletic activities of any
pupil believed to have sustained or who has sustained a mild traumatic
brain injury. In the event that there is any doubt as to whether a pupil
has sustained a concussion, it shall be presumed that he or she has been
so injured until proven otherwise. No such pupil shall resume athletic
activity until he or she shall have been symptom free for not less than
twenty-four hours, HAS RETURNED TO A FULL CLASS SCHEDULE WITHOUT ACADEM-
IC ADJUSTMENTS OR ACCOMMODATIONS MADE DUE TO THE MILD TRAUMATIC BRAIN
INJURY, and has been evaluated by and received written and signed
authorization from a licensed physician. Such authorization shall be
kept on file in the pupil's permanent health record. Furthermore, such
rules and regulations shall provide guidelines for limitations and
restrictions on school attendance and activities, AS WELL AS ATHLETIC
ATTENDANCE AND ACTIVITIES, for pupils who have sustained mild traumatic
brain injuries, consistent with the directives of the pupil's treating
physician.
(iv) [authorizing] REQUIRING each school or school district[, in its
discretion,] to establish a concussion management team which may be
composed of the athletic director (if any), a school nurse, THE SCHOOL
PRINCIPAL, A SCHOOL GUIDANCE COUNSELOR, A SCHOOL TEACHER, the school
physician, a coach of an interscholastic team, an athletic trainer or
such other appropriate personnel as designated by A COLLECTIVE BARGAIN-
ING ORGANIZATION OF THE EMPLOYEE OR the school or school district IF NO
SUCH COLLECTIVE BARGAINING ORGANIZATION EXISTS. The concussion manage-
ment team shall oversee the implementation of the rules and regulations
promulgated pursuant to this subdivision as it pertains to their associ-
ated school including the requirement that all school coaches, physical
education teachers, nurses and athletic trainers that work with and
provide instruction to pupils engaged in school sponsored athletic
activities complete training relating to mild traumatic brain injuries.
S. 1074--A 3
Furthermore, every concussion management team may establish and imple-
ment a program which provides information on mild traumatic brain inju-
ries to parents and persons in parental relation throughout each school
year. EVERY CONCUSSION MANAGEMENT TEAM SHALL REPORT ANNUALLY TO THEIR
APPLICABLE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL OFFICER, BOARD OF
EDUCATION OR GOVERNING BODY, AND TO THE DEPARTMENT THE FOLLOWING INFOR-
MATION: (A) THE NUMBER, SEX, AGE AND GRADE OF PUPILS WHO SUSTAIN A MILD
TRAUMATIC BRAIN INJURY EACH YEAR, REGARDLESS OF THE SETTING IN WHICH
SUCH INJURY IS SUSTAINED; (B) THE CAUSE OF SUCH INJURIES; (C) THE DURA-
TION OF SYMPTOMS OF SUCH INJURIES; AND (D) ANY MODIFICATIONS OR ACCOMMO-
DATIONS MADE FOR PUPILS THAT HAVE SUSTAINED SUCH INJURIES.
(V) RECOMMENDING THAT SCHOOLS RETAIN ACCESS TO AN ATHLETIC TRAINER TO
PROVIDE SERVICES TO STUDENTS.
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 public AND NONPUBLIC school AND EVERY GROUP OR ORGANIZATION
THAT USES PROPERTY OR FACILITIES OWNED BY A SCHOOL DISTRICT FOR COMPET-
ITIVE, TRAVEL YOUTH SPORTS relating to mild traumatic brain injuries.
[Such rules and regulations may also be implemented by nonpublic schools
if they so authorize.] Nothing in this subdivision shall prohibit any
public school or nonpublic school from adopting and implementing more
stringent standards.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made on or before such date.