NY State Senate Bill 2023-S7073

Senate Bill S7073

2023-2024 Legislative Session

Requires schools to develop a seizure action plan for students diagnosed with a seizure disorder

download bill text pdf

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
May 17, 2023	referred to education

2023-S7073 (ACTIVE) - Details

See Assembly Version of this Bill:: A4578
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3001-e, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A9996
2021-2022: A6019

2023-S7073 (ACTIVE) - Summary

Requires schools to develop a seizure action plan for students diagnosed with a seizure disorder and have teachers trained for if a student has a seizure.

2023-S7073 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7073

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring schools to
develop a seizure action plan for students diagnosed with a seizure
disorder

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that school personnel, including nurses, teachers, and volun-
teers, are not only prepared but can recognize and respond appropriately
and efficiently to the student experiencing a seizure.  This legislation
safeguards physician-directed care in the school setting allowing
students to access necessary and oftentimes life-saving medication.
Additionally, by bringing awareness to the entire educational community,
students living with epilepsy or a seizure, disorder can feel safe in
school and reach their full academic potential.

 
SUMMARY OF PROVISIONS:

The education law is amended by adding a new section 3001-e

Section I:  Defines "seizure action plan" and "eligible student"

Section II: Requires the New York State Board of Education to promulgate
administrative regulations establishing procedures for the development
and content of seizure action plans

Section III: Requires school districts to have at least one individual
who has met the training requirements necessary to administer medication

Section IV: Requires parents of eligible students to provide the school
with written authorization to administer medications at school and
provide a written statement from the student's health care practitioner.
This section also subjects the student's parents or guardians to poli-
cies and guidelines for medication management under the New York State
Education Department and their school district

Section V: Requires training of relevant school personnel on seizure
recognition and response annually or biennially. This section states
that training programs and guidelines shall be consistent with those
developed by the Epilepsy Foundation of America or any successor organ-
ization. Additionally, trainings may be provided in person or online.
Every public school shall provide an age-appropriate seizure education
program to all students in a classroom or grade-level. The seizure
education program shall be consistent with guidelines published by the
Epilepsy Foundation of America and any successor organization for
educating students on seizures and seizure disorder.  The New York State
Board of Education shall promulgate administrative regulations for the
implementation of the seizure education program.  This section also
requires one hour of self-study review of seizure materials for all
principals, guidance counselors, and teachers during each academic year
that formal training as outlined in paragraph (c) of this subsection is
not provided.

Section VI: Provides that a school district, school district employee,
or agent acting in good faith and in substantial compliance with the
student's individual health plan and the instructions of the student's
licensed health care professional, that provides assistance or services
under this act shall not be liable in any criminal action or for civil
damages in his or her individual or marital or governmental or corporate
or other capacities as a result of the services provided under this act
to students with epilepsy or other seizure disorders

Section VII: Effective Date

 
JUSTIFICATION:

Epilepsy, or seizure disorder, is a chronic neurological condition that
causes recurring unprovoked seizures. It is estimated that 1 in 26
people will be diagnosed in their lifetime, which is roughly one student
per classroom. In New York State alone, an estimated 26,600 school-aged
children live with epilepsy. Seizures can present in ways other than
convulsions and therefore can go undetected in children or be mistaken
for behavioral problems, such as not paying attention or being disrup-
tive in class. This can lead to unfair disciplinary action and negative
consequences for their academic success.  Furthermore, improper
responses to seizure activity (first aid) can lead to injury and, in
severe cases, brain damage or even death.

Currently, trainings on seizure recognition and response are provided
in-person and online as requested by schools on an individual basis.
This bill seeks to impose a uniform standard for seizure recognition and
response training, administration of FDA-approved medications for chil-
dren living with seizure disorder, and the inclusion of a seizure action
or response plan as part of a student's file that will be accessible to
personnel who work with the student. This bill will ensure that all
school-aged children that are presently diagnosed with epilepsy, or
those who will develop epilepsy, are in a safe environment while at
school, while maximizing their academic potential and reducing the stig-
ma associated with epilepsy.

 
PRIOR LEGISLATIVE HISTORY:

2020/2021: A.9996

2021/2022: A.6019

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

2023-S7073 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7073
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 requiring  schools  to
   develop  a  seizure  action plan for students diagnosed with a seizure
   disorder

   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 ACTION PLAN. 1. AS USED IN THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "SEIZURE  ACTION  PLAN"  SHALL  MEAN  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 PROFESSIONALS WHO
 MAY BE PROVIDING SEIZURE DISORDER CARE TO THE STUDENT, WHICH IS CONSIST-
 ENT WITH THE RECOMMENDATIONS OF THE STUDENT'S HEALTH CARE PROVIDERS  AND
 WHICH  SETS OUT THE HEALTH SERVICES NEEDED BY THE STUDENT AT SCHOOL OR A
 SCHOOL-SPONSORED ACTIVITY, IS SIGNED BY THE PARENT OR GUARDIAN  AND  THE
 SCHOOL NURSE, AND SHALL BE:
   (I)  KEPT ON FILE IN THE OFFICE OF THE SCHOOL NURSE OR SCHOOL ADMINIS-
 TRATOR;
   (II) DISTRIBUTED TO ANY SCHOOL EMPLOYEE  RESPONSIBLE  FOR  THE  SUPER-
 VISION  OR  CARE  OF THE STUDENT FOR WHICH SUCH PLAN WAS CREATED AND WHO
 HAS RECEIVED PROPER TRAINING; AND
   (III) PROVIDED ANNUALLY TO THE BOARD OF EDUCATION BY  THE  PARENTS  OR
 GUARDIANS OF THE STUDENT AND CONTAIN A WRITTEN AUTHORIZATION TO ADMINIS-
 TER ANY MEDICATIONS LISTED IN SUCH PLAN PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION.
   (B) "STUDENT" SHALL MEAN A STUDENT WITH EPILEPSY OR A SEIZURE DISORDER
 WHO  IS  PRESCRIBED  SEIZURE  RESCUE  MEDICATION  OR MEDICATION TO TREAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06246-01-3
 S. 7073                             2

 
 SEIZURE DISORDER SYMPTOMS APPROVED BY THE FOOD AND  DRUG  ADMINISTRATION
 OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
   2.  (A) THE PARENT OR GUARDIAN OF A STUDENT WHO SEEKS SEIZURE DISORDER
 CARE WHILE AT SCHOOL OR A SCHOOL-SPONSORED  ACTIVITY  SHALL  INFORM  THE
 SCHOOL  NURSE  WHO  SHALL  DEVELOP A SEIZURE ACTION PLAN FOR THE STUDENT
 CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   (B) THE SEIZURE ACTION PLAN DEVELOPED IN ACCORDANCE WITH PARAGRAPH (A)
 OF THIS SUBDIVISION SHALL BE UPDATED BY THE SCHOOL NURSE  PRIOR  TO  THE
 BEGINNING  OF  EACH SCHOOL YEAR AND AS NECESSARY IF THERE IS A CHANGE IN
 THE HEALTH STATUS OF THE STUDENT.
   3. PRIOR TO THE ADMINISTERING A SEIZURE RESCUE MEDICATION  OR  MEDICA-
 TION TO TREAT SEIZURE DISORDER SYMPTOMS, THE STUDENT'S PARENT OR GUARDI-
 AN SHALL PROVIDE:
   (A)  THE  BOARD OF EDUCATION, BOARD OF TRUSTEES OR THE GOVERNING BOARD
 OF SUCH STUDENT'S SCHOOL DISTRICT AND THE SCHOOL WHICH SUCH  STUDENT  IS
 ENROLLED IN WITH A WRITTEN AUTHORIZATION TO ADMINISTER THE MEDICATION AT
 SCHOOL OR A SCHOOL-SPONSORED EVENT;
   (B)  WRITTEN ORDERS FROM THE STUDENT'S HEALTH CARE PROVIDERS OUTLINING
 THE STUDENT'S SEIZURE DISORDER CARE INCLUDING, BUT NOT  BE  LIMITED  TO,
 THE FOLLOWING INFORMATION:
   (I) THE STUDENT'S NAME;
   (II) THE NAME AND PURPOSE OF THE PRESCRIBED MEDICATION;
   (III) THE PRESCRIBED DOSAGE FOR SUCH MEDICATION;
   (IV) THE ROUTE OF ADMINISTRATION FOR SUCH MEDICATION;
   (V) THE FREQUENCY SUCH MEDICATION SHOULD BE ADMINISTERED; AND
   (VI)  THE CIRCUMSTANCES FOR WHICH SUCH MEDICATION MAY BE ADMINISTERED;
 AND
   (C) THE PRESCRIBED MEDICATION IN ITS UNOPENED, SEALED  PACKAGING  WITH
 THE  LABEL AFFIXED BY THE DISPENSING PHARMACY INTACT TO THE SCHOOL WHICH
 THE STUDENT IS ENROLLED.
   4. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND  THE
 GOVERNING  BODY  OF EACH PRIVATE AND PAROCHIAL SCHOOL LOCATED WITHIN THE
 STATE SHALL EMPLOYEE AT EACH SCHOOL AT LEAST ONE SCHOOL EMPLOYEE WHO HAS
 MET THE TRAINING REQUIREMENTS NECESSARY TO ADMINISTER OR ASSIST WITH THE
 SELF-ADMINISTRATION OF:
   (A) A SEIZURE RESCUE MEDICATION OR MEDICATION TO TREAT SEIZURE  DISOR-
 DER  SYMPTOMS  AS  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION OF THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ANY  SUCCESSOR
 AGENCY; AND
   (B)  A  MANUAL DOSE OF PRESCRIBED ELECTRONIC STIMULATION USING A VAGUS
 NERVE STIMULATOR MAGNET APPROVED BY  THE  UNITED  STATES  DEPARTMENT  OF
 HEALTH AND HUMAN SERVICES FOR RESPONDING TO SEIZURE DISORDER SYMPTOMS.
   5.  (A) ALL PUBLIC SCHOOL DISTRICTS SHALL PROVIDE TRAINING TO A BUILD-
 ING PRINCIPAL, GUIDANCE COUNSELOR, TEACHER AND  OR  ANY  OTHER  RELEVANT
 OFFICER  OR  AGENT OF A BOARD OF EDUCATION, INCLUDING A BUS DRIVER AND A
 CLASSROOM AIDE, ON THE RECOGNITION  OF  THE  SIGNS  AND  SYMPTOMS  OF  A
 SEIZURE  AND  THE APPROPRIATE STEPS TO BE TAKEN TO RESPOND TO SUCH SYMP-
 TOMS. SUCH TRAINING SHALL TAKE PLACE ANNUALLY OR BIENNIALLY.
   (B) TRAINING SHALL INCLUDE ANY TRAINING PROGRAMS OR GUIDELINES ADOPTED
 BY ANY STATE AGENCY, THE EPILEPSY FOUNDATION OF AMERICA AND ANY  SUCCES-
 SOR ORGANIZATION FOR THE TRAINING OF SCHOOL EMPLOYEES IN THE HEALTH CARE
 NEEDS OF STUDENTS DIAGNOSED WITH A SEIZURE DISORDER.
   (C)  TRAINING  SHALL  BE  TAUGHT  BY  A REPRESENTATIVE OF A CHAPTER OR
 AFFILIATE OF THE EPILEPSY FOUNDATION OF AMERICA OR ANY SIMILAR  EPILEPSY
 SERVICE  ORGANIZATION  EITHER BY IN-PERSON TRAINING OR BY A LIVE OR PRE-
 S. 7073                             3
 
 RECORDED ONLINE WEBINAR TRAINING OR MAY BE ADMINISTERED  ONLINE  THROUGH
 THE LEARNING MANAGEMENT SYSTEM OF THE EPILEPSY FOUNDATION OF AMERICA.
   6.  IF  SUCH TRAINING TAKES PLACE BIANNUALLY, A MINIMUM OF ONE HOUR OF
 SELF-STUDY REVIEW OF SEIZURE DISORDER MATERIALS SHALL  BE  REQUIRED  FOR
 ALL  BUILDING  PRINCIPALS,  GUIDANCE COUNSELORS AND TEACHERS DURING EACH
 ACADEMIC YEAR THAT FORMAL TRAINING IS NOT PROVIDED PURSUANT TO  SUBDIVI-
 SION FIVE OF THIS SECTION.
   7.  (A)  ALL PUBLIC SCHOOL DISTRICTS SHALL PROVIDE TO PUPILS IN GRADES
 KINDERGARTEN THROUGH TWELVE, INSTRUCTION ON SEIZURES AND SEIZURE  DISOR-
 DERS.
   (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
 LISH A CURRICULUM FOR INSTRUCTION REGARDING SEIZURES AND SEIZURE  DISOR-
 DERS  THAT  IS  CONSISTED  WITH THE GUIDELINES PUBLISHED BY THE EPILEPSY
 FOUNDATION OF AMERICA AND ANY SUCCESSOR ORGANIZATION REGARDING EDUCATING
 PUPILS ON SEIZURES AND SEIZURE DISORDERS.
   8. THE SCHOOL NURSE SHALL OBTAIN CONSENT FROM THE PARENT  OR  GUARDIAN
 OF A STUDENT 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 INFORMA-
 TION WITH OTHER EMPLOYEES OF THE SCHOOL DISTRICT AS NECESSARY.
   9. NO SCHOOL EMPLOYEE, INCLUDING A SCHOOL NURSE, A SCHOOL BUS  DRIVER,
 A CLASSROOM AIDE, OR ANY OTHER OFFICER OR AGENT OF A BOARD OF EDUCATION,
 SHALL  BE HELD LIABLE FOR ANY GOOD FAITH ACT OR OMISSION CONSISTENT WITH
 THE PROVISIONS OF THIS SECTION. GOOD FAITH  SHALL  NOT  INCLUDE  WILLFUL
 MISCONDUCT, GROSS NEGLIGENCE, OR RECKLESSNESS.
   10. THE BOARD, IN CONSULTATION WITH THE COMMISSIONER, SHALL PROMULGATE
 RULES AND REGULATIONS, INCLUDING PROCEDURES AND CONTENT FOR THE DEVELOP-
 MENT OF A SEIZURE ACTION PLAN AND THE SEIZURE EDUCATION PROGRAM, AS THEY
 DEEM NECESSARY AND TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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marierose3210

7 months ago

Thank you for introducing legislation to help improve the wellbeing and environment for students with epilepsy.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.