Relates to requiring nonpublic schools to follow the same rules and regulations as public schools regarding a pupil who suffers a concussion, regarding training to recognize the symptoms of a concussion, information to be provided to the parent or guardian of such pupil and the amount of time such pupil shall wait before resuming an athletic activity.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8425
SPONSOR: Burke TITLE OF BILL:
An act to amend the education law, in relation to requiring nonpublic
schools to follow the same rules and regulations as public schools
regarding a pupil who suffers a concussion
PURPOSE:
To amend the Education Law, in relation to standardizing the Concussion
Management and Awareness Act so that it applied to both public schools
and non-public schools, requiring non-public schools to abide by concus-
sion protocol.
SUMMARY OF PROVISIONS:
Section one of the bill amends the Education Law by including non-public
schools in concussion protocol.
Section two of the bill establishes the.effective date.
JUSTIFICATION:
In 2011, the New York State legislature passed the Concussion Management
and Awareness Act (Chapter 496 of 2011), a law that directed the commis-
sioners of education and health to establish rules and regulations for
the treatment and monitoring of public school students suffering from
concussions. This law, which went into effect July 1, 2012, required
that any students that have or may have suffered a concussion,be removed
from athletic activities, and that such students only return to athlet-
ics after authorization from a licensed physician.
This legislation expands upon the 2011 law to prevent further harm or
death in students suffering from concussions, by requiring non-public
schools to abide by the Concussion Management and Awareness Act.
LEGISLATIVE HISTORY:
2019-20: S3058/A5887
2017-18: S8601/A9831
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
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 addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8425
2021-2022 Regular Sessions
IN ASSEMBLY
November 17, 2021
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring nonpublic
schools to follow the same rules and regulations as public schools
regarding a pupil who suffers a concussion
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph b of subdivision 42 of section 305 of the educa-
2 tion law, as added by chapter 496 of the laws of 2011, is amended to
3 read as follows:
4 b. The rules and regulations established pursuant to this subdivision
5 shall be deemed to be the minimum standards that must be complied with
6 by every public school and nonpublic school relating to mild traumatic
7 brain injuries. [Such rules and regulations may also be implemented by
8 nonpublic schools if they so authorize.] Nothing in this subdivision
9 shall prohibit any public school or nonpublic school from adopting and
10 implementing more stringent standards.
11 § 2. This act shall take effect on the first of July next succeeding
12 the date on which it shall have become a law. Effective immediately, the
13 addition, amendment and/or repeal of any rule or regulation necessary
14 for the implementation of this act on its effective date are authorized
15 to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03891-01-1
