Santabarbara, Gallahan, Kim, Taylor, Meeks, Colton, Brown K, DeStefano, Brabenec, Sayegh, Steck
MLTSPNSR
Add §§916-c, 3039 & 916-d, Ed L
Requires public 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8726A
SPONSOR: Jackson 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:
This bill requires that seizure action plans be submitted to public
school districts or boards of cooperative educational services for the
administration of seizure rescue medications. It also clarifies that
this administration must be done by a school nurse or another appropri-
ately trained professional in their absence, directs the commissioner to
establish and develop an awareness program, and requires at least one
school employee in each school building to be trained to administer
either prescribed seizure rescue medication or a manual dose of
prescribed electronic stimulation in emergency situations.
SUMMARY OF PROVISIONS:
Section 1 adds section 916-c of the education law to require that
seizure action plans are submitted to schools for their administration
of seizure rescue medication or prescribed electronic stimulation. It
also clarifies that this administration must be done by a school nurse
or another appropriately trained professional in their absence.
Section 2 adds section 3039 of the education law to provide training in
seizure awareness and response. It also directs the commissioner to
establish and develop an awareness program and authorizes the commis-
sioner to promulgate rules and regulations as necessary.
Section 3 adds section 916-d of the education law to require at least
one school employee in each school building to be trained to administer
either prescribed seizure rescue medication or a manual dose of
prescribed electronic stimulation in emergency situations.
Section 4 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This A print amendment makes various technical changes, defines school
and school function, changes the sections of law to be amended, clari-
fies the schools to be included, and amends definitions of seizure
rescue medication and prescribed electronic stimulation.
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 sever 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.
LEGISLATIVE HISTORY:
2025: A.6726 (Jackson) - Referred to Education
2023-4: A.4578 (McGowan) - Referred to Education
2021-2: A.6019 (Lawler) - Held in Education
2020: A.9996 (Jaffee) - Referred to Education
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.
