Bill Text: IA SF103 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to seizure disorders and establishing certain requirements for school districts, accredited nonpublic schools, and the department of education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-25 - Subcommittee Meeting: 01/27/2021 2:00PM RM 24A. [SF103 Detail]

Download: Iowa-2021-SF103-Introduced.html
Senate File 103 - Introduced SENATE FILE 103 BY COURNOYER A BILL FOR An Act relating to seizure disorders and establishing certain 1 requirements for school districts, accredited nonpublic 2 schools, and the department of education. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1726XS (3) 89 kh/jh
S.F. 103 Section 1. NEW SECTION . 280.13D Seizure action plan and 1 training requirements. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Individual health plan” means the confidential, written, 5 preplanned, and ongoing special health service developed for a 6 student who requires such service to be incorporated with the 7 student’s educational program. 8 b. “School personnel” means principals, guidance counselors, 9 teachers, and other relevant employees who have direct contact 10 with and supervise children, including school bus drivers and 11 paraeducators. 12 c. “Seizure action plan” means a written set of instructions 13 designed to direct caregivers and staff to intervene in the 14 event of a seizure occurrence and is considered a plan for 15 emergencies as a part of an individual health plan. 16 2. a. Commencing with the school year beginning July 1, 17 2022, the board of directors of each school district and the 18 authorities in charge of each nonpublic school shall have 19 at least one school employee at each school who has met the 20 training requirements necessary to administer or assist with 21 the self-administration of all of the following: 22 (1) A seizure rescue medication or medication prescribed 23 to treat seizure disorder symptoms as approved by the United 24 States food and drug administration. 25 (2) A manual dose of prescribed electrical stimulation 26 using a vagus nerve stimulator magnet as approved by the United 27 States food and drug administration. 28 b. The presence of a registered nurse employed full-time 29 by a school district or nonpublic school who assumes 30 responsibility for the administration of seizure medications, 31 and the administration oversight of vagus nerve stimulation, 32 fulfills the requirements of paragraph “a” . 33 3. Every school attendance center shall provide training 34 to all school personnel on the recognition of the signs and 35 -1- LSB 1726XS (3) 89 kh/jh 1/ 6
S.F. 103 symptoms of seizures and the appropriate steps for seizure 1 first aid. 2 4. Any training programs or guidelines adopted by any state 3 agency for the training of school personnel in the health care 4 needs of students diagnosed with a seizure disorder shall 5 be fully consistent with training programs and guidelines 6 developed by the epilepsy foundation of America and any 7 successor organization. 8 5. Each school district shall require all school personnel 9 to undergo approved seizure recognition and first aid training 10 on a biennial basis. 11 6. Nothing in this section shall be construed to limit the 12 authority of a school district or the department of education 13 to require additional seizure disorder training. 14 7. a. Prior to school personnel administering a seizure 15 rescue medication or medication prescribed to treat a student’s 16 seizure disorder symptoms, the student’s parent or guardian 17 shall provide the school with a signed and dated written 18 authorization requesting medication administration at school 19 that meets the requirements of the school’s medication 20 administration policy and procedures established in accordance 21 with 281 IAC 14.1. 22 b. The parent or guardian of each student diagnosed with 23 a seizure disorder may collaborate with licensed health 24 personnel, including the school nurse or individualized 25 education program team, to create an individual health plan, 26 and a seizure action plan if appropriate, consistent with rules 27 adopted by the state board of education. The individual health 28 plan shall include assessment, nursing diagnosis, outcomes, 29 planning, interventions, student goals, if applicable, and 30 a plan for emergencies to provide direction in managing the 31 student’s health needs. The plan shall be updated as needed 32 and at least annually. Personal information in the plan 33 regarding the student shall be kept confidential as required 34 under the federal Family Educational Rights and Privacy Act, 35 -2- LSB 1726XS (3) 89 kh/jh 2/ 6
S.F. 103 20 U.S.C. §1232g. 1 c. Each school district and nonpublic school attendance 2 center shall keep the written authorization, individual health 3 plan, and seizure action plan on file in the office of the 4 school nurse or school administrator. 5 8. Each school district and nonpublic school attendance 6 center shall distribute information regarding the seizure 7 action plan to any school personnel or volunteers responsible 8 for the supervision or care of the student. 9 9. The authorization for the administration to administer 10 medication provided in accordance with subsection 7, paragraph 11 “a” , subparagraph (1), shall be effective for the school year 12 in which the authorization is granted and must be renewed each 13 following school year. 14 10. The requirements of subsections 7, 8, and 9 shall apply 15 only to school district and nonpublic school attendance centers 16 that have a student enrolled who has a known epilepsy diagnosis 17 or seizure disorder or has a seizure rescue medication or 18 medication prescribed to treat seizure disorder symptoms 19 approved by the United States food and drug administration 20 prescribed by the student’s health care provider. 21 11. Every school district attendance center may provide an 22 age-appropriate seizure education program to all students on 23 seizures and seizure disorders. The seizure education program 24 shall be consistent with guidelines published by the epilepsy 25 foundation of America and any successor organization. The 26 state board of education shall adopt rules pursuant to chapter 27 17A for implementation of this section. 28 12. A school district or nonpublic school, school district 29 or nonpublic school employee, or school district or nonpublic 30 school agent acting in good faith and in compliance with the 31 student’s individual health plan and the instructions of the 32 student’s licensed health care professional, and who provides 33 assistance or services under this section, shall not be 34 liable for any claim for injuries or damages arising from the 35 -3- LSB 1726XS (3) 89 kh/jh 3/ 6
S.F. 103 provision of services provided under this section to students 1 with epilepsy or seizure disorders. 2 13. The department of education shall develop and implement 3 a seizure education program statewide. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill requires school districts and accredited 8 nonpublic schools that have a student enrolled who has a 9 known epilepsy diagnosis or seizure disorder or has a seizure 10 rescue medication or medication prescribed to treat seizure 11 disorder symptoms to have an individual health plan, including 12 a seizure action plan if appropriate, requires school districts 13 and accredited nonpublic schools to provide certain training 14 relating to seizures to relevant school employees, requires 15 the state board of education to adopt rules for implementation 16 of new Code section 280.13D, and requires the department of 17 education to develop and implement a seizure education program 18 statewide. 19 The bill requires school districts and accredited nonpublic 20 schools to have at least one school employee at each school 21 who has met the training requirements for administering 22 medications and vagus nerve stimulation. The presence of a 23 full-time registered nurse who assumes responsibility for 24 the administration of seizure medications and vagus nerve 25 stimulation meets this requirement. 26 The bill includes definitions and requirements relating to 27 the development of individual health plans and seizure action 28 plans. 29 Every school attendance center shall provide training to all 30 school personnel who have direct contact with and supervise 31 children. The training must be fully consistent with programs 32 and guidelines developed by the epilepsy foundation of America. 33 Further, each school district must require all school 34 personnel to undergo approved seizure recognition and first aid 35 -4- LSB 1726XS (3) 89 kh/jh 4/ 6
S.F. 103 training on a biennial basis. The new Code section shall not 1 be construed to limit the authority of a school district or the 2 department to require additional seizure disorder training. 3 Prior to administering medication prescribed to treat a 4 student’s seizure disorder symptoms, the student’s parent or 5 guardian must provide the school with a written authorization 6 to administer the medication at school. 7 The parent or guardian of a student diagnosed with a seizure 8 disorder may collaborate with licensed health personnel to 9 create an individual health plan, and a seizure action plan 10 if appropriate, consistent with the state board’s rules. The 11 individual health plan shall include assessment, nursing 12 diagnosis, outcomes, planning, interventions, student goals, if 13 applicable, and a plan for emergencies to provide direction in 14 managing the student’s health needs. The plan must be updated 15 as needed and at least annually. 16 Each school shall keep the parent’s written authorization 17 requesting medication administration at school, the individual 18 health plan, and the seizure action plan on file in the office 19 of the school nurse or school administrator, and distribute 20 information regarding the seizure action to any school 21 personnel or volunteers responsible for the student. The 22 health plan information is confidential under federal law. 23 Provisions relating to the administration of medication 24 prescribed to treat a specific student’s seizure disorder 25 symptoms, and to distribution of information about a specific 26 student’s seizure action plan to persons responsible for the 27 supervision or care of the student apply only to schools that 28 have a student enrolled who has a known epilepsy diagnosis 29 or seizure disorder or has a seizure rescue medication or 30 medication prescribed to treat seizure disorder symptoms. 31 Every school district may provide an age-appropriate seizure 32 education program to all students on seizures and seizure 33 disorders. 34 A school district, school district employee, or agent 35 -5- LSB 1726XS (3) 89 kh/jh 5/ 6
S.F. 103 who acts in good faith to provide assistance or services in 1 compliance with the student’s individual health plan and the 2 instructions of the student’s licensed health care professional 3 shall not be liable for any claim for injuries or damages 4 arising from the provision of such services to students with 5 epilepsy or seizure disorders. 6 -6- LSB 1726XS (3) 89 kh/jh 6/ 6
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