Assigned to ED AS
PASSED BY CONFERENCE COMMITTEE
Assigned to ED AS
PASSED BY CONFERENCE COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
pupils; concussions; parental notification
Purpose
Modifies statute relating to charter school and school district governing board policies on concussions, health dangers, and threatening or harassing conduct, and requires the Arizona Department of Education (ADE) to develop a concussion management pilot program for physical therapists.
Background
School district governing boards are charged with prescribing and enforcing policies and procedure for the health and safety of students participating in interscholastic athletic activities, including practices and games. Current guidelines are required to include the provision of water and procedures for concussions and head injuries, including the requirement that a pupil and the pupil's parent sign a form at least once each school year that the parent is aware of the nature and risk of concussion. Pupils suspected of sustaining a concussion must immediately be removed from the athletic activity (A.R.S. § 15-341).
School district governing boards are charged with prescribing and enforcing policies and procedures to prohibit pupils from harassing, intimidating and bullying other pupils on school grounds, property, buses, bus stops, at school-sponsored events and activities, and by using electronic technology or communication on school computers, networks, forums and mailing lists. The harassment, intimidation and bullying policies must include: 1) procedures for confidential reporting; 2) a requirement that school district employees report suspected incidents; 3) a requirement that school officials annually provide pupils with a written copy of the rights, protections and available support services for alleged victims; 4) a requirement that an alleged victim of a reporting incident be provided a written copy of the rights, protections and available support services; 5) a formal documentation process of reported incidents; 6) a formal investigation process that includes notifying the alleged victim on completion and disposition of the investigation; 7) disciplinary procedures; 8) consequences for submitting false reports; 9) procedures to protect the health and safety of pupils physically harmed; and 10) definitions of harassment, intimidation and bullying (A.R.S. § 15-341).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Parental Notification of Threatening, Harassing or Intimidating Conduct
1. Requires charter school governing bodies and school district governing boards to prescribe reasonable and appropriate policies to notify a pupil's parent or guardian if any person engages in threatening, harassing or intimidating conduct against that pupil.
2. Grants immunity from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirement, except in cases of gross negligence or wanton or willful neglect to:
a) a charter school, its officials and employees; and
b) a school district, its officials and employees.
3. Specifies what constitutes threatening, intimidating and harassment.
4. Requires school district procedures to include parental notification when a school official or employee becomes aware of the suspected incident of harassment, intimidation or bullying and removes the requirement that the notification to the alleged victim be on completion and disposition of the investigation.
Parental Notification of Suspected Concussion
5. Requires school district governing boards to notify a pupil's parent or guardian if the pupil is suspected of sustaining a concussion in a district‑sponsored practice session, game or other interscholastic athletic activity.
Concussion Management Pilot Program (Pilot Program)
6. Directs the Department of Health Services (DHS), in cooperation with a statewide private entity that supervises interscholastic activities, to develop and conduct a two-year Pilot Program during the 2018-2019 and 2019‑2020 school years for licensed physical therapists who hold a sport specialty certification.
7. Allows, during the 2018-2019 and 2019-2020 school years, a participating physical therapist to assess a pupil with a suspected concussion, remove a pupil from play and provide a pupil with clearance to resume participation in athletic activity.
8. Requires a physical therapist's evaluation of cognitive consequences of concussion to be made in consultation with a licensed physician.
9. Requires the Pilot Program to prescribe requirements for participating physical therapists, including reporting and data collection.
10. Requires DHS to review and report on available health professional workforce with training and education in concussion management and emergency response by December 31, 2018.
11. Requires DHS to submit an initial report and a final report as directed.
12. Allows DHS to adopt policies and procedures to carry out the purposes of the Pilot Program.
13. Repeals the Pilot Program on April 1, 2021.
Health Dangers Information
14. Directs school district governing boards to develop, in consultation with a statewide private entity that supervises interscholastic activities, guidelines, information and forms on the dangers of heat-related illnesses, sudden cardiac death and prescription opioid use.
15. Requires a pupil and the pupil's parent to be provided with information on the risks of heat‑related illnesses, sudden cardiac death and prescription opioid addiction at least once each school year before the pupil participates in any district-sponsored practice session, game or other interscholastic athletic activity.
Miscellaneous
16. Makes technical changes.
17. Becomes effective on the general effective date.
Amendments Adopted by Committee
2. Grants immunity from civil liability to school districts, charter schools and their officials and employees with respect to the good faith implementation of the requirements.
3. Specifies what constitutes threatening, intimidating and harassing.
Amendments Adopted by Committee of the Whole
1. Requires school district governing boards to develop guidelines on the dangers of heat-related illnesses, sudden cardiac death and prescription opioid use and requires pupils and parents to be provided with this information at least once each school year before the pupil participates in any district-sponsored practice, game or interscholastic activity.
2. Specifies the policies prescribed by school district governing boards and charter school governing bodies regarding parental notification of threatening, harassing or intimidating conduct be reasonable and appropriate.
3. Directs ADE to conduct a two-year concussion management pilot program during the 2018‑2019 and 2019-2020 school years for physical therapists who have been trained in the evaluation and management of concussions and head injuries.
4. Allows, during the 2018-2019 and 2019-2020 school years, a licensed physical therapist to remove a pupil suspected of sustaining a concussion from athletic activity, assess a pupil with a suspected concussion, make return-to-play decisions and provide clearance to resume participation in an athletic activity.
Amendments Adopted by Conference Committee
1. Moves the Pilot Program from ADE to DHS and requires the prescription of requirements for participating physical therapists.
2. Requires participating physical therapists to be licensed and hold a sport specialty certification.
3. Requires a physical therapist's evaluation of cognitive consequences of concussion to be made in consultation with a licensed physician.
4. Requires DHS to review and report on available health professional workforce with training and education in concussion management and emergency response by December 31, 2018.
House Action Senate Action
ED 1/18/18 DP 10-0-0-1 ED 3/22/18 DPA 7-0-0
3rd Read 2/08/18 57-1-1-0-1
Prepared by Senate Research
May 3, 2018
BL/MM/lb