 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
schools; seizure management; treatment plans
Purpose
Allows
a pupil with a seizure disorder to be treated at their school during school and
school-sponsored activities. Outlines requirements for a pupil's seizure
management and treatment plan (plan) including school employee training to
manage a pupil with a seizure disorder.
Background
A school district or charter school is required to accommodate for a child with a disability, including a medical accommodation (A.R.S. § 15-763). A pupil with a seizure disorder is not required to be covered under a 504 plan unless the pupil's disability substantially limits a major life activity, such as walking, speaking and working (Sutton v. United Air Lines, Inc.). Individualized education programs include medical accommodations not specific to a seizure disorder (42 U.S.C. § 1414).
Additionally, charter school governing bodies prescribe and enforce emergency policies and procedures for administration of an auto-injectable epinephrine (EpiPen) and inhalers for pupils diagnosed with anaphylaxis or a breathing disorder. School districts and charter schools require school nurses and employees to complete an annual training for administering an EpiPen and recognizing signs of anaphylactic shock. (A.R.S. §§ 15-203 and 15-189.04).
A parent or guardian of a pupil with diabetes may submit a medical management plan to the pupil's school district or charter school. Statute requires two employees approved by the pupil's parent or guardian to train with a medical professional to properly follow the pupil's management plan (A.R.S. § 15-344.01).
Epilepsy is a neurological condition characterized by abnormal electrical‑chemical discharge in the brain. This discharge is manifested in various forms of physical activities called seizures (A.R.S. § 36-551).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows
the parent or guardian of a pupil with a seizure disorder who is enrolled in a
district or charter school to seek care for the pupil's seizures while the
pupil is at school or during
school-sponsored activities.
2. Requires a parent or guardian, who chooses to seek care for a pupil's seizure disorder, to submit a copy of the pupil's plan developed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment.
3. Requires a school district or charter school to review the plan that is to be submitted:
a) before or at the beginning of the school year;
b) during enrollment if the pupil enrolls after the beginning of the school year; or
c) as soon as practicable following a diagnosis of the pupil's seizure disorder.
4. Requires the plan to:
a) identify the health care services the pupil may receive at school or while participating in a school-sponsored activity;
b) evaluate the pupil's level of understanding of and ability to manage their seizures; and
c) contain the signature of the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment.
5. Deems that school districts, charter schools, school employees and nurses contracted with a school district or charter school are immune from civil liability if decisions made and actions taken are based on good faith implementation of a plan including:
a) an action or failure to act in administering a medication;
b) assisting with self-administration; or
c) providing for the care of a pupil.
6. Restricts immunity from civil liability in cases of gross negligence, willful misconduct or intentional wrongdoing.
7. Requires SBE to approve an online course for schools about pupils with seizure disorder.
8. Requires, by December 1, 2020, SBE to approve an online course of instruction that is:
a) free of charge to schools;
b) supporting the welfare of individuals with epilepsy and seizure disorders; and
c) acquired from a nonprofit national foundation.
9. Requires a school nurse employed by or contracted with a school district or charter school to complete an SBE approved online course of instruction that includes:
a) managing pupils with seizure disorders;
b) information about seizure recognition; and
c) related first aid.
10. Requires a school district or charter school employee, other than a school nurse, whose duties include regular contact with pupils to complete an SBE approved online course of instruction that includes:
a) awareness of pupils with seizure disorder;
b) information about seizure recognition; and
c) related first aid.
11. Allows the SBE to adopt rules as necessary to administer the implementation of seizure management in schools.
12. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2020
JO/MB/kja