NY State Senate Bill 2025-S9686

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 01, 2026	referred to education

2025-S9686 (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-S9686 (ACTIVE) - 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-S9686 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9686

SPONSOR: FAHY
 
TITLE OF BILL:

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

 
PURPOSE:

To strengthen concussion management and response protocols in schools by
improving training and oversight standards to better protect student
health and safety.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the short title of the act as the "Concussion
Management and Awareness Improvement Act of 2026."

Section 2 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 section provides that
no pupil presumed to have suffered a concussion 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 concussions to provide guidance
for limitations and restrictions on athletic attendance and activities.
The section also expands the school personnel committed to serve on
concussion management teams.

Section 3 provides the effective date.

 
JUSTIFICATION:

Traumatic brain injuries, including concussions, remain a significant
and growing public health concern in New York State. Each year, tens of
thousands of New Yorkers are treated in emergency departments or hospi-
talized for brain injuries, with new incidents occurring daily.  Chil-
dren and adolescents are particularly vulnerable, especially in school
and athletic settings where many concussions occur. According to the New
York State Department of Health, every year, about 4,000 New York chil-
dren age 19 and younger are treated at hospitals for sports-related
traumatic brain injuries. The true numbers are likely to be higher, as
many concussions are diagnosed outside of emergency settings or go unre-
ported, meaning the true scope of the issue is likely greater than
existing data suggests.

Concussions can have serious and lasting effects on young people,
including headaches, nausea, vomiting, dizziness, blurred vision, sensi-
tivity to noise and light, concentration and memory issues, and
confusion or grogginess. In children, concussions can, be particularly
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 student's return to
athletic activity, as well as those qualified to serve on a school's
concussion management team.

 
LEGISLATIVE HISTORY:

2020: S8550 (Hoylman), Died in Rules /A10648(Fall), Died in Education

2021-2022: S.1074-A (Hoylman), Died in Education /A2564-A (Fall), Died
in Education

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

2025: S.5499-A (Hoylman-Sigal), Died in Education

 
FISCAL IMPLICATIONS: 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-S9686 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9686
 
                             I N  S E N A T E
 
                               April 1, 2026
                                ___________
 
 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  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
 prevention, and the guidelines for the return to school and  to  certain
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07744-04-6
 S. 9686                             2
 
 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 S9686

Sponsored By

Current Bill Status - In Senate Committee Education Committee

Actions

2025-S9686 (ACTIVE) - Details

2025-S9686 (ACTIVE) - Summary

2025-S9686 (ACTIVE) - Sponsor Memo

2025-S9686 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Education Committee

Actions

2025-S9686 (ACTIVE) - Details

2025-S9686 (ACTIVE) - Summary

2025-S9686 (ACTIVE) - Sponsor Memo

2025-S9686 (ACTIVE) - Bill Text download pdf

Comments