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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8726
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:
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.
