NY State Senate Bill 2025-S7445

Senate Bill S7445

2025-2026 Legislative Session

Requires schools to follow seizure action plans developed by health care providers of 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
Apr 16, 2025	referred to education

co-Sponsors

2025-S7445 (ACTIVE) - Details

See Assembly Version of this Bill:: A8726
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §§3001-e & 3001-f, amd §921, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A9996
2021-2022: A6019
2023-2024: S7073, A4578

2025-S7445 (ACTIVE) - Summary

Requires schools to follow seizure action plans developed by health care providers of students diagnosed with a seizure disorder; requires schools to provide seizure awareness training to certain employees on the recognition of signs and symptoms of a seizure and the appropriate steps to be taken to respond to such symptoms.

2025-S7445 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7445

SPONSOR: FAHY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require schools to keep a student's seizure action plan on file, as
developed by the student's physician, and train school personnel on how
to respond to a seizure as provided for in such plan. The bill would
also provide for the development of a seizure awareness program, for
students in kindergarten through grade 12. Furthermore, this legislation
would ensure that every school has a staff person, in addition to the
school nurse, trained in the administration of emergency seizure rescue
medication.

 
SUMMARY OF PROVISIONS:

Section I: Amends the Education Law to add a new Section 3001-E to
require every school maintain a regularly updated seizure action plan
provided by the child's healthcare provider, kept on file by the school
nurse and distributed to relevant school personnel.

Section 2: Amends the Education Law to add a new Section 3001-F to
require all public school districts to provide seizure recognition and
response training to school staff, and to require the Commissioner to
establish a seizure awareness program and make such program available to
students in grades kindergarten through twelve.

Section 3: Adds a new subdivision 2 of section 921 of the Education law
to authorize unlicensed school personnel to be trained to administer
prescribed seizure rescue medication

Section 4: Effective Date

 
JUSTIFICATION:

It is estimated that 1 in 26 people will be diagnosed with epilepsy in
their lifetime, which is roughly one student per classroom. In New York
State alone, an estimated 26,600 school-aged children live with epilep-
sy. 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 disruptive in class.  This can
lead to unfair disciplinary action and negative consequences for their
academic success. Furthermore, improper responses to seizures 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:

2023/ 2024: S.7073/ A4578

 
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.

2025-S7445 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7445
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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 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
 S. 7445                             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-
 S. 7445                             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.

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Senate Bill S7445

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Sponsored By

Patricia Fahy