S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8726
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to seizure  action  plans
   for  students diagnosed with a seizure disorder and requiring training
   on the signs and symptoms of a seizure and  how  to  respond  to  such
   symptoms

   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
 HEALTH  CARE PROVIDER OF A STUDENT WITH A DIAGNOSED SEIZURE DISORDER AND
 OTHER APPROPRIATE MEDICAL PROFESSIONALS WHO  MAY  BE  PROVIDING  SEIZURE
 DISORDER  CARE  TO THE STUDENT WHICH SETS OUT THE HEALTH SERVICES NEEDED
 BY THE STUDENT AT SCHOOL OR A SCHOOL-SPONSORED ACTIVITY 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 MAY BE PRESCRIBED SEIZURE RESCUE MEDICATION OR MEDICATION  TO  TREAT
 SEIZURE  DISORDER  SYMPTOMS APPROVED BY THE FOOD AND DRUG ADMINISTRATION
 OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09918-06-5
 A. 8726                             2
              

 
   2. (A) THE PARENT OR GUARDIAN OF A STUDENT WHO SEEKS SEIZURE  DISORDER
 CARE  WHILE  AT  SCHOOL  OR A SCHOOL-SPONSORED ACTIVITY SHALL NOTIFY THE
 SCHOOL NURSE AND PROVIDE A SEIZURE ACTION PLAN FOR THE STUDENT  CONSIST-
 ENT 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 STUDENT'S HEALTH CARE
 PROVIDER 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  PROVIDER  OUTLINING
 THE  STUDENT'S  SEIZURE DISORDER CARE INCLUDING, BUT NOT 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  SCHOOL NURSE SHALL OBTAIN CONSENT FROM THE PARENT OR GUARDIAN
 OF A STUDENT TO AUTHORIZE THE SHARING  OF  MEDICAL  INFORMATION  BETWEEN
 SUCH  STUDENT'S  PHYSICIAN  OR  ADVANCED PRACTICE NURSE AND OTHER HEALTH
 CARE PROVIDERS. SUCH NURSE SHALL ALSO BE  AUTHORIZED  TO  SHARE  MEDICAL
 INFORMATION WITH OTHER EMPLOYEES OF THE SCHOOL DISTRICT AS NECESSARY.
   5.  NO SCHOOL EMPLOYEE, INCLUDING A SCHOOL NURSE, A SCHOOL BUS ATTEND-
 ANT, 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 RECK-
 LESSNESS.
   § 2. The education law is amended by adding a new  section  3001-f  to
 read as follows:
   §  3001-F. SEIZURE AWARENESS TRAINING. 1.  ALL PUBLIC SCHOOL DISTRICTS
 SHALL PROVIDE TRAINING TO  A  BUILDING  PRINCIPAL,  GUIDANCE  COUNSELOR,
 TEACHER  AND OR ANY OTHER RELEVANT OFFICER OR AGENT OF A BOARD OF EDUCA-
 TION, INCLUDING A BUS DRIVER, BUS ATTENDANT, AND A  CLASSROOM  AIDE,  ON
 THE RECOGNITION OF THE SIGNS AND SYMPTOMS OF A SEIZURE AND THE APPROPRI-
 ATE  STEPS  TO BE TAKEN TO RESPOND TO SUCH SYMPTOMS. SUCH TRAINING SHALL
 TAKE PLACE BIENNIALLY, AND SHALL:
   (A) INCLUDE ANY TRAINING PROGRAMS OR GUIDELINES ADOPTED BY  ANY  STATE
 AGENCY OR NON-PROFIT ORGANIZATION THAT SUPPORTS INDIVIDUALS WITH EPILEP-
 SY AND SEIZURE DISORDERS IN THE STATE FOR THE TRAINING OF SCHOOL EMPLOY-
 EES IN THE HEALTH CARE NEEDS OF STUDENTS DIAGNOSED WITH A SEIZURE DISOR-
 DER.
   (C)  BE PROVIDED BY A REPRESENTATIVE OF A NATIONALLY RECOGNIZED ORGAN-
 IZATION EXPERIENCED IN TRAINING LAYPERSONS ON THE SIGNS AND SYMPTOMS  OF
 A SEIZURE AND THE APPROPRIATE STEPS TO BE TAKEN TO RESPOND TO SUCH SYMP-
 A. 8726                             3
 
 TOMS.  SUCH TRAINING SHALL BE PERFORMED EITHER IN-PERSON OR BY A LIVE OR
 PRE-RECORDED ONLINE WEBINAR  TRAINING  OR  MAY  BE  ADMINISTERED  ONLINE
 THROUGH  THE  LEARNING  MANAGEMENT  SYSTEM OF SUCH NATIONALLY RECOGNIZED
 ORGANIZATION.
   2.  (A) THE COMMISSIONER SHALL, IN CONSULTATION AND COLLABORATION WITH
 A NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN TRAINING  LAYPERSONS
 ON  THE  SIGNS AND SYMPTOMS OF A SEIZURE AND THE APPROPRIATE STEPS TO BE
 TAKEN TO RESPOND TO SUCH SYMPTOMS, ESTABLISH AND  DEVELOP  AN  AWARENESS
 PROGRAM REGARDING SEIZURES AND SEIZURE DISORDERS THAT IS CONSISTENT WITH
 THE GUIDELINES PUBLISHED BY SUCH ORGANIZATION.
   (B)  ALL  PUBLIC  SCHOOL  DISTRICTS SHALL OFFER SUCH SEIZURE AWARENESS
 PROGRAM TO PUPILS IN GRADES KINDERGARTEN THROUGH TWELVE.
   (C) THE BOARD, IN CONSULTATION WITH THE COMMISSIONER, SHALL PROMULGATE
 RULES AND REGULATIONS, INCLUDING PROCEDURES AND CONTENT FOR THE DEVELOP-
 MENT OF THE SEIZURE AWARENESS PROGRAM, AS THEY  DEEM  NECESSARY  AND  TO
 EFFECTUATE THE PROVISIONS OF THIS SECTION.
   §  3.  Subdivision 2 of section 921 of the education law is renumbered
 subdivision 3 and a new subdivision 2 is added to read as follows:
   2. THE BOARD OF EDUCATION OR TRUSTEES  OF  EACH  SCHOOL  DISTRICT  AND
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND NONPUBLIC SCHOOLS ARE
 AUTHORIZED TO HAVE LICENSED REGISTERED PROFESSIONAL NURSES, NURSE  PRAC-
 TITIONERS,  PHYSICIAN  ASSISTANTS AND PHYSICIANS TRAIN UNLICENSED SCHOOL
 PERSONNEL AND SHALL ENSURE THAT AT LEAST ONE  SCHOOL  EMPLOYEE  IN  EACH
 SCHOOL BUILDING IS TRAINED AND AVAILABLE TO ADMINISTER EITHER PRESCRIBED
 SEIZURE  RESCUE  MEDICATION  OR  A  MANUAL DOSE OF PRESCRIBED ELECTRONIC
 STIMULATION, AS DEFINED IN PARAGRAPHS (A) AND (B) OF  THIS  SUBDIVISION,
 IN  EMERGENCY  SITUATIONS WHERE AN APPROPRIATELY LICENSED HEALTH PROFES-
 SIONAL IS NOT AVAILABLE, TO PUPILS WHO HAVE THE WRITTEN PERMISSION OF  A
 PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER FOR THE ADMINIS-
 TRATION  OF EMERGENCY MEDICATION, AS PROVIDED FOR IN A STUDENT'S SEIZURE
 ACTION PLAN, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY  SCHOOL
 FUNCTION  AS  SUCH  TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE
 AND TWO OF SECTION ELEVEN OF THIS CHAPTER. TRAINING MUST BE PROVIDED  BY
 A  PHYSICIAN  OR OTHER DULY AUTHORIZED LICENSED HEALTH CARE PROFESSIONAL
 IN A COMPETENT MANNER, AND MUST  BE  COMPLETED  IN  A  FORM  AND  MANNER
 PRESCRIBED BY THE COMMISSIONER IN REGULATION.
   (A)  FOR  THE  PURPOSES OF THIS SUBDIVISION, A "SEIZURE RESCUE MEDICA-
 TION" SHALL MEAN A MEDICATION TO  TREAT  SEIZURE  DISORDER  SYMPTOMS  AS
 APPROVED  BY  THE  FOOD  AND  DRUG  ADMINISTRATION  OF THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ANY SUCCESSOR AGENCY.
   (B) FOR THE PURPOSES OF THIS  SUBDIVISION,  A  "PRESCRIBED  ELECTRONIC
 STIMULATION"  SHALL MEAN USE OF A VAGUS NERVE STIMULATOR MAGNET APPROVED
 BY THE UNITED  STATES  DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES  FOR
 RESPONDING TO SEIZURE DISORDER SYMPTOMS.
   § 4. 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.