NY State Senate Bill 2025-S5499A

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2025	print number 5499a
Feb 24, 2025	amend (t) and recommit to education
Feb 21, 2025	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S5499 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8550
2021-2022: S1074
2023-2024: S3184

2025-S5499 - Summary

Relates to updating school concussion management and response protocols; requires that the injured student have returned to a full class schedule without academic accommodations prior to resuming athletic activity.

2025-S5499 - Sponsor Memo

2025-S5499 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5499
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  MAY,  ROLISON  --  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 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 2025".
   §  2.  Subdivision 42 of section 305 of the education law, as added by
 chapter 496 of the laws of 2011 and paragraph b as  amended  by  chapter
 617 of the laws of 2022, 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
 on  a biennial basis by all school coaches, physical education teachers,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 S                                                          LBD07744-01-5

 S. 5499                             2
 
 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] THE
 PUPIL has been so injured until proven otherwise. No  such  pupil  shall
 resume  athletic  activity  until  [he or she] THE PUPIL shall have been
 symptom free for not less than twenty-four hours, HAS RETURNED TO A FULL
 CLASS SCHEDULE WITHOUT ACADEMIC 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.
 Furthermore, every concussion management team may establish  and  imple-
 S. 5499                             3
 
 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 school and nonpublic school AND EVERY GROUP OR ORGANIZA-
 TION  THAT  USES  PROPERTY  OR FACILITIES OWNED BY A SCHOOL DISTRICT FOR
 COMPETITIVE, TRAVEL YOUTH SPORTS, relating to mild traumatic brain inju-
 ries. Nothing in this subdivision shall prohibit any  public  school  or
 nonpublic  school  from  adopting and implementing more stringent stand-
 ards.
   § 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.

co-Sponsors

2025-S5499A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8550
2021-2022: S1074
2023-2024: S3184

2025-S5499A (ACTIVE) - Summary

2025-S5499A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5499A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the education law, in relation to updating school
concussion management and response protocols

 
SUMMARY OF PROVISIONS:

This bill is entitled the "Concussion Management and Awareness Improve-
ment Act of 2025."

The bill amends subdivision 42 of section 305 of the Education Law,
constituting the Concussion Management and Awareness Act of 2011, to
require that all medical directors employed by a school or school
district complete an annual course of instruction or equivalent continu-
ing medical education relating to recognizing symptoms and providing
treatment for pupils who suffer concussions.

The bill also provides that no pupil presumed to have suffered a concus-
sion shall resume athletic activity until he or she has returned to a
full class schedule without academic adjustments or accommodations, in

addition to the current requirement of being symptom-free for at least
24 hours. It would also require SED's rules and regulations on concus-
sions to provide guidance for limitations and restrictions on athletic
attendance and activities.

The bill also expands the school personnel committed to serve on concus-
sion management teams.

 
JUSTIFICATION:

According to the Brain Injury Association of New York State, more than
30,000 children between the ages of 5 and 19 are seen yearly in emergen-
cy departments for possible "mild traumatic brain injuries," more
commonly known as concussions. In 2014, 4,000 of these children were
seen for sports-related TBIs. Sadly, the true numbers are likely higher,
as those estimates don't include those made outside of emergency depart-
ments, such as those made by primary care physicians.

Concussions can cause headaches, nausea, vomiting, dizziness, blurred
vision, sensitivity to noise and light, concentration and memory issues,
and confusion or grogginess. In children, concussions can, be partic-
ularly serious and can create learning difficulties for an extended
period of time, depending on the severity of the concussion.

The Concussion Management Awareness Act of 2011 (CMAA) created important
safeguards and guidance for New York's public schools to protect student
who suffer concussions, ensuring that they do not return to athletics or
other high-risk--activities too soon and risk suffering an additional
traumatic brain injury. The CMAA required public school coaches, P.E.
teachers, nurses, and athletic trainers to complete a course of instruc-
tion on concussion recognition and prevention. It also required the
immediate removal from athletic activities of any student believed to
have sustained a concussion and created guidelines for their return to
athletics, and authorized the creation of concussion management teams
for each school or school district.

However, although the CMAA was an important first step towards protect-
ing students from concussions, there are actions New York should take to
increase protections for students. This bill would update the CMAA to
codify SED guidance that students should return to the classroom with no
limitations before they resume athletic activities. It would also expand
the list of professionals authorized to approve a students return to
athletic activity, as well as those qualified to serve on a school's
concussion management team.

 
PRIOR LEGISLATIVE HISTORY:

S.3184 of 2023-2024 (Hoylman-Sigal): Died in Education

S.1074-A of 2021-2022 (Hoylman): Died in Education

A.2564-A of 2021-2022 (Fall): Died in Education

S.8550 of 2020 (Hoylman): Died in Rules A.10648 of 2020 (Fall): Died in
Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law.

2025-S5499A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5499--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  MAY,  ROLISON  --  read twice and
   ordered printed, and when printed to be committed 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 2025".
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07744-02-5
 S. 5499--A                          2
 
 brain  injuries,  how  such  injuries  may  occur,  practices  regarding
 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.

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Senate Bill S5499A

Sponsored By

Current Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

co-Sponsors

2025-S5499 - Details

2025-S5499 - Summary

2025-S5499 - Sponsor Memo

2025-S5499 - Bill Text download pdf

co-Sponsors

2025-S5499A (ACTIVE) - Details

2025-S5499A (ACTIVE) - Summary

2025-S5499A (ACTIVE) - Sponsor Memo

2025-S5499A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

co-Sponsors

Rachel May

Rob Rolison

2025-S5499 - Details

2025-S5499 - Summary

2025-S5499 - Sponsor Memo

2025-S5499 - Bill Text download pdf

co-Sponsors

Patricia Fahy

Rachel May

Rob Rolison

2025-S5499A (ACTIVE) - Details

2025-S5499A (ACTIVE) - Summary

2025-S5499A (ACTIVE) - Sponsor Memo

2025-S5499A (ACTIVE) - Bill Text download pdf

Comments