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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
schools; seizure management; treatment plans
Purpose
Allows, beginning in school year (SY) 2022-2023, the parent or guardian of a public school student who has a seizure disorder to submit to the school district or charter school a copy of a seizure management and treatment plan for school personnel. Outlines implementation requirements for school districts and charter schools.
Background
School district governing boards are charged with prescribing and enforcing policies and procedures necessary in the governance of schools. The governing board must also prescribe and enforce policies and procedures: 1) allowing pupils who have been diagnosed with anaphylaxis by a licensed health care provider or by a registered nurse practitioner licensed and certified to carry and self-administer emergency medications, including epinephrine auto-injectors, while at school and at school-sponsored activities; and 2) for the emergency administration of epinephrine auto-injectors by a trained employee of a school district. The governing board must allow the possession and self-administration of prescription medication for breathing disorders in handheld inhaler devices by pupils who have been prescribed that medication by a licensed health care professional (A.R.S. § 15-341).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows, effective SY 2022-2023, the parent or guardian of a student who has a seizure disorder and who is enrolled in an Arizona public school to submit to the school district or charter school a copy of a seizure management and treatment plan for school personnel to use if the student suffers a seizure at school or while participating in a school-sponsored activity.
2. Requires the seizure management and treatment plan to:
a) be developed and signed by the student's parent or guardian and the physician responsible for the student's seizure treatment;
b) include outlined procedures recommended by the physician responsible for the student's seizure treatment to manage an active seizure; and
c) include
other health care services available at the school that the student may receive
to help to manage the student's seizure disorder at school or while
participating in a
school-sponsored activity.
3. Requires the plan to be submitted to and reviewed by the school district or charter school:
a) before or at the beginning of the SY;
b) at the time of enrollment if the student enrolls in the school district or charter school after the beginning of the SY; or
c) as soon as practicable following a diagnosis of the student's seizure disorder.
4. Requires a school nurse, employed by or under contract with a school district or charter school, to:
a) review each seizure management and treatment plan; and
b) complete an online course of instruction for school nurses regarding managing students with seizure disorders at least once every two years.
5. Encourages a school nurse, employed by or under contract with a private school, to receive seizure disorder management training.
6. Requires the school district or charter school to designate an employee who is responsible for reviewing seizure management and treatment plans if a school nurse is not available.
7. Requires school district and charter school employees that are not the school nurse but that maintain regular contact with students, including a principal, guidance counselor, teacher, bus driver or classroom aide, to complete an online course of instruction for school personnel regarding awareness of students with seizure disorders at least once every two years.
8. Encourages school district and charter school employees that are not the school nurse but that maintain regular contact with students to receive seizure disorder management training.
9. Requires seizure recognition and treatment courses for school personnel to be approved by the State Board of Education (SBE).
10. Requires, beginning September 1, 2023, each private school, charter school and each school operated by a school district to have at least one school employee, other than a school nurse, to meet 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) or its successor agency; and
b) a manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet as approved by the FDA or its successor agency.
11. States that school districts, charter schools, employees of school districts or charter schools and nurses who are under contract with a school district or charter school are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of a submitted seizure management and treatment plan, including an action or failure to act in administering a medication, assisting with self-administration or otherwise providing for the care of a student under a seizure management and treatment plan, except in cases of gross negligence, willful misconduct or intentional wrongdoing.
12. Requires school districts and charter schools to comply with a student's accommodation plan if a student requires an educational accommodation in accordance with the Rehabilitation Act of 1973 and the student's accommodation plan includes a seizure management and treatment plan.
13. Requires SBE, by December 1, 2022, to approve a free online course of instruction to be provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders.
14. Requires SBE to adopt rules as necessary to administer a student's seizure management and treatment plan.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires each charter school nurse or school district-contracted nurse and employee to complete the prescribed seizure disorder online course at least once every two years.
2. Encourages private school nurses and other private school employees to receive seizure disorder management training.
3. Requires, effective September 1, 2023, each public and private school to have at least one school employee, other than a school nurse, that meets training requirements necessary to administer or assist with the self-administration of a seizure rescue medication or a manual dose of prescribed electrical stimulation.
Senate Action
HHS 2/16/22 DPA 7-0-1
Prepared by Senate Research
February 18, 2022
MM/MC/sr/slp