Bill Text: MS SB2503 | 2020 | Regular Session | Introduced
Bill Title: The Seizure Safe Schools Act; enact.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2020-03-03 - Died In Committee [SB2503 Detail]
Download: Mississippi-2020-SB2503-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Senator(s) Harkins
Senate Bill 2503
AN ACT TO CREATE THE SEIZURE SAFE SCHOOLS ACT; TO REQUIRE THE BOARD OF EACH LOCAL NONCHARTER PUBLIC SCHOOL DISTRICT, CHARTER SCHOOLS AND THE GOVERNING BODY OF EACH PRIVATE AND PAROCHIAL SCHOOL OR SCHOOL DISTRICT TO HAVE AT LEAST ONE EMPLOYEE WHO HAS MET THE TRAINING REQUIREMENTS NECESSARY TO ADMINISTER OR ASSIST WITH THE SELF-ADMINISTRATION OF A SEIZURE MEDICATION OR A MANUAL DOSE OF PRESCRIBED ELECTRICAL STIMULATION; TO SET FORTH CERTAIN TRAINING REQUIREMENTS; TO REQUIRE THE PARENT OR GUARDIAN OF A STUDENT DIAGNOSED WITH A SEIZURE DISORDER TO AUTHORIZE THE SCHOOL, IN WRITING, TO ADMINISTER SEIZURE MEDICATION AT SCHOOL; TO REQUIRE THE STUDENT'S PARENT OR GUARDIAN TO PROVIDE THE SCHOOL WITH A WRITTEN STATEMENT FROM THE STUDENT'S HEALTH CARE PRACTITIONER AND PROVIDE THE PRESCRIBED MEDICATION TO THE SCHOOL; TO REQUIRE EVERY NONCHARTER PUBLIC SCHOOL AND CHARTER SCHOOL TO PROVIDE AN AGE-APPROPRIATE EDUCATION PROGRAM TO ALL STUDENTS ON SEIZURES AND SEIZURE DISORDERS; TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROMULGATE RULES AND REGULATIONS FOR THE SEIZURE EDUCATION PROGRAM; TO PROVIDE IMMUNITY FOR ANY AGENT OF A SCHOOL WHO ACTS IN GOOD FAITH UNDER THE AUTHORITY OF THIS ACT; TO AMEND SECTION 37-28-45, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Seizure Safe Schools Act."
SECTION 2. As used in this act, "seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.
SECTION 3. (1) Beginning in the 2021-2022 school year, the board of each local noncharter public school district, charter schools and the governing body of each private and parochial school or school district shall have at least one (1) school employee at each school who has met the training requirements necessary to administer or assist with the self-administration of:
(a) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and
(b) A manual dose of prescribed electrical stimulation using a Vagus Nerve Stimulator (VNS) magnet as approved by the United States Food and Drug Administration and any successor agency.
(2) For those assigned the duties under subsection (1) of this subsection, the training provided shall include instructions in:
(a) Administering seizure medications;
(b) Administering manual vagus nerve stimulation;
(c) Recognizing the signs and symptoms of seizures; and
(d) Taking the appropriate steps to respond to seizures.
(3) The presence of a registered nurse employed full time by a school with responsibility for the administration of seizure medications, and the administration oversight of vagus nerve stimulation, shall fulfill requirements of subsections (1) and (2) of this section.
(4) Every public school shall provide training to principals, guidance counselors, teachers, and other relevant school personnel with direct contact and supervision of children, including bus drivers and classroom aids, on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
(5) Any training programs or guidelines adopted by any state agency for the training of school personnel in the health care needs of students diagnosed with a seizure disorder shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization. Notwithstanding any state agency requirement or other law to the contrary, for the purposes of this training a local school district shall be permitted to use any adequate and appropriate training program or guidelines for training of school personnel in the seizure disorder care tasks covered under this section.
SECTION 4. (1) Prior to any school personnel administering a seizure rescue medication or medication prescribed to treat seizure disorder symptoms, a student's parent or guardian shall:
(a) Provide the school with a written authorization to administer the medication at school;
(b) Provide a written statement from the student's health care practitioner, which shall contain the following information:
(i) The student's name;
(ii) The name and purpose of the medication;
(iii) The prescribed dosage;
(iv) The route of administration;
(v) The frequency that the medication may be administered; and
(vi) The circumstances under which the medication may be administered; and
(c) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.
(2) The parent or guardian of each student diagnosed with a seizure disorder shall collaborate with school personnel to create a seizure action plan which shall include the statements described in subsection (1)(a) and (b) of this section. The Mississippi Board of Education shall promulgate administrative regulations establishing procedures for the development and content of seizure action plans.
(3) (a) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.
(b) The seizure action plan requirement in subsection (2) of this section shall be distributed to any school personnel or volunteers responsible for the supervision or care of the student.
(4) The permission for the administration of any of the medications listed under subsection (1) of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (1) through (4) of this section.
(5) The requirements of subsections (1) through (4) of this section shall apply only to schools that have a student enrolled who has a seizure disorder or has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency prescribed by the student's health care provider.
SECTION 5. Beginning in the 2021-2022 school year, every noncharter public school and charter school shall provide an age-appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation of America and any successor organization. The Mississippi Board of Education shall promulgate administrative regulations for the development and implementation of the seizure education program in noncharter public schools.
SECTION 6. An agent of a school who provides assistance or services under this act shall not be liable in any criminal or civil action as a result of the services provided under this act to students with epilepsy or seizure disorders if the agent acts in good faith and in substantial compliance with the student's individual seizure action plan.
SECTION 7. Section 37-28-45, Mississippi Code of 1972, is amended as follows:
37-28-45. (1) Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter.
(2) Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures.
(3) Although a charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district, the charter school may not be considered a school within that district under the purview of the school district's school board. The rules, regulations, policies and procedures established by the school board for the noncharter public schools that are in the school district in which the charter school is geographically located do not apply to the charter school unless otherwise required under the charter contract or any contract entered into between the charter school governing board and the local school board.
(4) Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language "school districts," "school boards," "boards of trustees," "the schools within a school district," or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools.
(5) A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract.
(6) Charter schools are not exempt from the following statutes:
(a) Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
(b) Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
(c) Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
(d) Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education.
(e) Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
(f) Section 37-11-18.1, which requires expulsion of certain habitually disruptive students.
(g) Section 37-11-19, which requires suspension or expulsion of a student who damages school property.
(h) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school.
(i) Section 37-11-21, which prohibits parental abuse of school staff.
(j) Section 37-11-23, which prohibits the willful disruption of school and school meetings.
(k) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property.
(l) Section 37-11-67, which prohibits bullying or harassing behavior in public schools.
(m) Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools.
(n) Sections 37-13-5 and 37-13-6, which require the flags of the United States and the State of Mississippi to be displayed near the school building.
(o) Section 37-13-63(1), which prescribes the minimum number of days which public schools must be kept in session during a scholastic year.
(p) Section 37-13-91, which is the Mississippi Compulsory School Attendance Law.
(q) Section 37-13-171(2) and (4), which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education.
(r) Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
(s) Section 37-13-193, which relates to civil rights and human rights education in the public schools.
(t) Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools.
(u) Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools.
(v) Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
(w) Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program.
(y) Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.
(z) Sections 1 through 6 of this act, which is the Seizure Safe Schools Act.
SECTION 8. This act shall take effect and be in force from and after July 1, 2020.
