S T A T E O F N E W Y O R K
________________________________________________________________________
10675--A
I N A S S E M B L Y
March 20, 2026
___________
Introduced by M. of A. BERGER -- read once and referred to the Committee
on Education -- 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
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 2026".
§ 2. Paragraph a of 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:
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. 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 regu-
lations 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
on a biennial basis by all school coaches, physical education teachers,
nurses [and], athletic trainers, AND MEDICAL DIRECTORS EMPLOYED BY OR
UNDER CONTRACT TO A SCHOOL OR SCHOOL DISTRICT. The course of instruc-
tion 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15241-02-6
A. 10675--A 2
prevention, 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.
Such training may be completed by means of courses of instruction,
including but not limited to, courses provided online and by teleconfer-
ence 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] SUCH
PUPIL has been so injured until proven otherwise. No such pupil shall
resume athletic activity until [he or she] SUCH PUPIL shall have been
symptom free for not less than twenty-four hours, HAS RETURNED TO A FULL
CLASS SCHEDULE WITHOUT ACADEMIC ACCOMMODATIONS MADE DUE TO THE MILD
TRAUMATIC BRAIN INJURY, and has been evaluated by and received written
and signed authorization from a licensed physician, PHYSICIAN ASSISTANT
OR NURSE PRACTITIONER. 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 AND
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 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] OR
DISTRICT MEDICAL DIRECTOR, a coach of an interscholastic team, an
athletic trainer or such other appropriate personnel as designated by
the school or school district. The concussion management team shall
oversee the implementation of the rules and regulations promulgated
pursuant to this subdivision as it pertains to their associated 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. Further-
more, every concussion management team may establish and implement a
program which provides information on mild traumatic brain injuries to
parents and persons in parental relation throughout each school year.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.