ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	Senate: ED DP 9-0-0-0 | 3^rd Read 29-0-1-0 House: ED DP 12-0-0-1

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SB 1146: schools; seizure management; treatment plans

Sponsor: Senator Kerr, LD 13

Caucus & COW

Overview

Allows the parent or guardian of a pupil with a seizure disorder to submit a copy of a seizure management and treatment plan (plan) to be used by school personnel. Requires specified public school employees to complete online courses relating to the management and awareness of pupils with seizure disorders.

History

School districts and charter schools are required to develop policies and procedures for providing special education to all children with disabilities within the school district or charter school (A.R.S. § 15-763).

Section 504 of the Rehabilitation Act of 1973 states that a disabled student may not be discriminated against or excluded from, due to the student's disability, any program receiving federal funding and mandates that the student be provided with proper accommodations. Federal law also requires that individualized education programs include medical accommodations for various disorders (42 U.S.C. § 1414).

Epilepsy is defined as a neurological condition characterized by abnormal electrical-chemical discharge in the brain. This discharge is manifested in various forms of physical activities referred to as a seizure (A.R.S. § 36-551).

Provisions

1. Allows the parent or guardian of a pupil who has a seizure disorder to submit to the school district or charter school a copy of a plan for school personnel to use if the pupil suffers a seizure at school or while participating in a school-sponsored activity. (Sec. 1)

2. Stipulates that the plan must be developed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment. (Sec. 1)

3. Specifies when the plan must be submitted to the school district or charter school. (Sec. 1)

4. Requires the plan to:

a) Outline procedures recommended by the physician responsible for the pupil's seizure treatment to manage an active seizure;

b) Outline other health care services available at the school that the pupil might receive to help manage the pupil's seizure disorder; and

c) Be signed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment. (Sec. 1)

5. Directs a school nurse, or a designee if a school nurse is not available, to review each treatment plan. (Sec. 1)

6. Provides, to school districts, charter schools, employees and nurses who under contract with a school, immunity from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of a plan. (Sec. 1)

7. Instructs, by December 1, 2020, SBE to approve an online course of instruction that is provided free of charge by a nonprofit national foundation and that supports the welfare of individuals with epilepsy and seizure disorders. (Sec. 1)

8. Requires a school nurse who is employed by or under contract with a school district or charter school to complete an SBE-approved online course of instruction for school nurses regarding management of pupils with seizure disorders. (Sec. 1)

9. Requires a school district or charter school employee whose duties at the school include regular contact with pupils to complete an SBE-approved online course of instruction regarding awareness of pupils with seizure disorders. (Sec. 1)

10. Specifies that a school district or charter school complies with plan requirements if a pupil requires an educational accommodation under federal law and has an accommodation plan that includes a seizure management and treatment plan. (Sec. 1)

11. Directs SBE to adopt necessary rules to administer this section. (Sec. 1)

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                        SB 1146

Initials CH/EB Page 0 Caucus & COW

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