ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: ED DPA 7-0-1-0 | 3rd Read 24-2-4-0

House: ED DP 9-0-0-1 | 3rd Read 55-1-4-0

SB1654: schools; seizure management; treatment plans

Sponsor: Senator Kerr, LD 13

Transmitted to the Governor

Overview

Allows, beginning in the 2022-2023 school year, the parent or guardian of a student who has a seizure disorder to submit a copy of a seizure management and treatment plan (plan) for school personnel to use if the student suffers a seizure at school or at a school-sponsored activity.

History

Statute authorizes specified individuals, including a trained school district or charter school employee, to administer or assist in the administration of epinephrine auto-injectors or an inhaler to a pupil or adult whom the employee believes in good faith to be exhibiting symptoms of anaphylactic shock or respiratory distress, respectively, while at school or at school-sponsored activities (A.R.S. §§ 15-157, 15-158).

Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis of a disability in programs or activities that receive federal financial assistance from the United States Department of Education (29 U.S.C. § 794). State statute defines a Section 504 plan as a written statement developed for a pupil with a disability that includes the provision of regular or special education and related aids and services that is designed to meet individual educational needs (A.R.S. § 15-731).

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.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows, beginning in the 2022-2023 school year, the parent or guardian of a student who has a seizure disorder to submit a copy of a plan to the school district or charter school in which the student is enrolled for school personnel to use if the student suffers a seizure at school or while participating in a school-sponsored activity. (Sec. 1)

2.   Specifies the plan must be developed by the student's parent or guardian and the physician or registered nurse practitioner responsible for the student's seizure treatment. (Sec. 1)

3.   Outlines when the plan must be submitted to and reviewed by the school district or charter school. (Sec. 1)

4.   Details the plan must:

a)   Outline procedures recommended by the physician or registered nurse practitioner responsible for the student's seizure treatment to manage an active seizure;

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

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

5.   Details the school staff that is responsible for reviewing each plan. (Sec. 1)

6.   States a school district or charter school complies with plan requirements if a student requires an education accommodation under Section 504 that includes a plan. (Sec. 1)

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

8.   Requires a school nurse, school principal, guidance counselor, teacher, bus driver or classroom aide that has received a plan or whose duties include regular contact with students who have submitted a plan to complete an online course of instruction regarding managing or awareness of students with seizure disorders. (Sec. 1)

9.   Requires the online course to be approved by the State Board of Education (SBE) and include information about seizure recognition and related first aid. (Sec. 1)

10.  Limits the seizure management training to not more than once in a five-year period. (Sec. 1)

11.  Instructs SBE, by December 1, 2022, to approve a free online course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders to satisfy the required trainings. (Sec. 1)

12.  Mandates, beginning September 1, 2023, each school to have at least one school employee other than a school nurse who has met the training requirements necessary to administer or assist with the self-administration of:

a)   A seizure rescue medication or a medication prescribed to treat seizure disorder symptoms as approved by the Food and Drug Administration (FDA); and

b)   A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the FDA. (Sec. 1)

13.  Directs SBE to adopt rules as necessary. (Sec. 1)

 

 

 

 

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                  SB 1654

Initials CH/MR      Page 0 Transmitted

 

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