Bill Text: AZ SB1146 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed


Bill Title: Schools; seizure management; treatment plans

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2020-03-09 - House ED Committee action: Do Pass, voting: (12-0-0-1-0-0) [SB1146 Detail]

Download: Arizona-2020-SB1146-Engrossed.html

 

 

 

Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SENATE BILL 1146

 

 

 

AN ACT

 

amending title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-160; relating to school safety requirements.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-160, to read:

START_STATUTE15-160.  Seizure management and treatment plans; requirements; immunity; online instruction; rules

A.  Beginning in the 2020-2021 school year, the parent or guardian of a pupil who has a seizure disorder and who is enrolled in a school that is operated by a school district or a charter school in this state may submit to the school district or charter school in which the pupil is enrolled a copy of a seizure management and treatment plan for school personnel to use if the pupil suffers a seizure at school or while participating in a school‑sponsored activity.  The plan must be developed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment.  The plan must be submitted to and reviewed by the school district or charter school:

1.  Before or at the beginning of the school year.

2.  If the pupil enrolls in the school district or charter school after the beginning of the school year, when the pupil enrolls.

3.  As soon as practicable following a diagnosis of the pupil's seizure disorder.

B.  A seizure management and treatment plan must meet all of the following requirements:

1.  Outline procedures recommended by the physician responsible for the pupil's seizure treatment to manage an active seizure if the pupil suffers a seizure at school or while participating in a school-sponsored activity.

2.  Outline other health care services available at the school that the pupil may receive to help to manage the pupil's seizure disorder at school or while participating in a school-sponsored activity.

3.  Be signed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment.

C.  A school nurse shall review each seizure management and treatment plan.  If a school nurse is not available, the school district or charter school shall designate an employee who is responsible for reviewing seizure management and treatment plans.

D.  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 seizure management and treatment plan submitted pursuant to this section, including an action or failure to act in administering a medication, assisting with self-administration or otherwise providing for the care of a pupil under a seizure management and treatment plan submitted for the pupil under this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

E.  A school nurse who is employed by or under contract with a school district or charter school shall complete an online course of instruction for school nurses regarding managing pupils with seizure disorders.  The course must be approved by the state board of education and include information about seizure recognition and related first aid.

F.  A school district or charter school employee, other than a school nurse, whose duties at the school include regular contact with pupils shall complete an online course of instruction for school personnel regarding awareness of pupils with seizure disorders.  The course must be approved by the state board of education and include information about seizure recognition and related first aid.

G.  A school district or charter school complies with this section if a pupil requires an educational accommodation under section 504 of the rehabilitation act of 1973 (P.L. 93–112; 87 Stat. 355; 29 United States Code section 794) and the pupil's accommodation plan includes a seizure management and treatment plan.

H.  Not later than December 1, 2020, the state board of education shall 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 to satisfy the training required by subsections E and F of this section.

I.  The state board of education shall adopt rules as necessary to administer this section. END_STATUTE

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