Bill Text: IA SF378 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to seizure disorders and establishing certain requirements for charter schools, school districts, accredited nonpublic schools, and the department of education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Subcommittee: Rozenboom, Kraayenbrink, and Quirmbach. S.J. 410. [SF378 Detail]
Download: Iowa-2023-SF378-Introduced.html
Senate
File
378
-
Introduced
SENATE
FILE
378
BY
QUIRMBACH
A
BILL
FOR
An
Act
relating
to
seizure
disorders
and
establishing
certain
1
requirements
for
charter
schools,
school
districts,
2
accredited
nonpublic
schools,
and
the
department
of
3
education.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1561XS
(2)
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S.F.
378
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
2024,
the
governing
board
in
charge
of
each
charter
school,
18
the
board
of
directors
of
each
school
district,
and
the
19
authorities
in
charge
of
each
nonpublic
school
shall
have
20
at
least
one
school
employee
at
each
school
who
has
met
the
21
training
requirements
necessary
to
administer
or
assist
with
22
the
self-administration
of
all
of
the
following:
23
(1)
A
seizure
rescue
medication
or
medication
prescribed
24
to
treat
seizure
disorder
symptoms
as
approved
by
the
United
25
States
food
and
drug
administration.
26
(2)
A
manual
dose
of
prescribed
electrical
stimulation
27
using
a
vagus
nerve
stimulator
magnet
as
approved
by
the
United
28
States
food
and
drug
administration.
29
b.
The
presence
of
a
registered
nurse
employed
full-time
30
by
a
charter
school,
school
district,
or
nonpublic
school
31
who
assumes
responsibility
for
the
administration
of
seizure
32
medications,
and
the
administration
oversight
of
vagus
nerve
33
stimulation,
fulfills
the
requirements
of
paragraph
“a”
.
This
34
section
shall
not
be
construed
to
require
school
personnel,
35
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other
than
a
registered
nurse,
to
administer
a
suppository
to
1
a
student.
2
3.
Every
school
attendance
center
shall
provide
training
3
to
all
school
personnel
on
the
recognition
of
the
signs
and
4
symptoms
of
seizures
and
the
appropriate
steps
for
seizure
5
first
aid.
6
4.
Any
training
programs
or
guidelines
adopted
by
any
state
7
agency
for
the
training
of
school
personnel
in
the
health
care
8
needs
of
students
diagnosed
with
a
seizure
disorder
shall
9
be
fully
consistent
with
training
programs
and
guidelines
10
developed
by
the
epilepsy
foundation
of
America
and
any
11
successor
organization.
12
5.
Each
charter
school
and
school
district
shall
require
13
school
personnel
or
volunteers
responsible
for
the
supervision
14
or
care
of
students
to
undergo
approved
seizure
recognition
and
15
first
aid
training
on
a
biennial
basis.
16
6.
This
section
shall
not
be
construed
to
limit
the
17
authority
of
a
charter
school,
a
school
district,
or
the
18
department
of
education
to
require
additional
seizure
disorder
19
training.
20
7.
a.
Prior
to
school
personnel
administering
a
seizure
21
rescue
medication
or
medication
prescribed
to
treat
a
student’s
22
seizure
disorder
symptoms,
the
student’s
parent
or
guardian
23
shall
provide
the
school
with
a
signed
and
dated
written
24
authorization
requesting
medication
administration
at
school
25
that
meets
the
requirements
of
the
school’s
medication
26
administration
policy
and
procedures
established
in
accordance
27
with
281
IAC
14.1.
28
b.
The
parent
or
guardian
of
each
student
diagnosed
with
29
a
seizure
disorder
may
collaborate
with
licensed
health
care
30
professionals,
including
the
school
nurse
or
education
team,
31
in
the
development
of
an
individual
health
plan,
and
a
seizure
32
action
plan
if
appropriate,
consistent
with
rules
adopted
by
33
the
state
board
of
education.
The
individual
health
plan
or
34
seizure
action
plan,
based
on
the
student’s
needs,
may
include
35
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but
is
not
limited
to
assessment,
nursing
diagnosis,
outcomes,
1
planning,
interventions,
student
goals
if
applicable,
and
a
2
plan
for
emergencies
to
provide
direction
in
managing
the
3
student’s
health
needs.
The
plan
shall
be
updated
consistent
4
with
timelines
for
individual
health
plans
and
with
rules
5
adopted
by
the
state
board
of
education.
Personal
information
6
in
the
plan
regarding
the
student
shall
be
kept
confidential
7
as
required
under
the
federal
Family
Educational
Rights
and
8
Privacy
Act,
20
U.S.C.
§1232g.
9
c.
Each
charter
school,
school
district,
and
nonpublic
10
school
attendance
center
shall
keep
the
written
authorization,
11
individual
health
plan,
and
seizure
action
plan
on
file
in
the
12
office
of
the
school
nurse
or
school
administrator.
13
8.
Each
charter
school,
school
district,
and
nonpublic
14
school
attendance
center
shall
distribute
information
regarding
15
the
seizure
action
plan
to
any
school
personnel
or
volunteers
16
responsible
for
the
supervision
or
care
of
the
student.
17
9.
The
authorization
for
the
administration
to
administer
18
medication
provided
in
accordance
with
subsection
7,
paragraph
19
“a”
,
shall
be
effective
for
the
school
year
in
which
the
20
authorization
is
granted
and
must
be
renewed
each
following
21
school
year.
22
10.
The
requirements
of
subsections
7,
8,
and
9
shall
23
apply
only
to
charter
school,
school
district,
and
nonpublic
24
school
attendance
centers
that
have
a
student
enrolled
who
25
has
a
known
epilepsy
diagnosis
or
seizure
disorder
or
has
a
26
seizure
rescue
medication
or
medication
prescribed
to
treat
27
seizure
disorder
symptoms
approved
by
the
United
States
food
28
and
drug
administration
prescribed
by
the
student’s
health
care
29
provider.
30
11.
Every
charter
school
and
school
district
attendance
31
center
may
provide
an
age-appropriate
seizure
education
program
32
to
all
students
on
seizures
and
seizure
disorders.
The
seizure
33
education
program
shall
be
consistent
with
guidelines
published
34
by
the
epilepsy
foundation
of
America
and
any
successor
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organization.
The
state
board
of
education
shall
adopt
rules
1
pursuant
to
chapter
17A
for
implementation
of
this
section.
2
12.
A
charter
school,
school
district,
or
nonpublic
school;
3
charter
school,
school
district,
or
nonpublic
school
employee;
4
or
charter
school,
school
district,
or
nonpublic
school
agent
5
acting
in
good
faith
and
in
compliance
with
the
student’s
6
individual
health
plan
and
the
instructions
of
the
student’s
7
licensed
health
care
professional,
and
who
provides
assistance
8
or
services
under
this
section,
shall
not
be
liable
for
any
9
claim
for
injuries
or
damages
arising
from
the
provision
of
10
services
provided
under
this
section
to
students
with
epilepsy
11
or
seizure
disorders.
12
13.
The
department
of
education
shall
develop
and
implement
13
a
seizure
education
program
statewide.
14
Sec.
2.
DEPARTMENT
OF
EDUCATION
——
SCHOOL
DISTRICT
15
HEALTH-RELATED
TRAINING
REQUIREMENTS
TASK
FORCE.
16
1.
The
department
of
education,
in
collaboration
with
17
the
department
of
health
and
human
services,
shall
convene
a
18
charter
school
and
school
district
health-related
training
19
requirements
task
force
to
review
health-related
training
20
requirements
established
in
the
Code
and
the
administrative
21
code,
with
which
charter
schools
and
school
districts
must
22
comply.
The
task
force
shall
review
the
current
requirements
23
to
determine
whether
the
current
training
requirements
are
24
appropriate,
identify
the
classifications
of
school
personnel
25
for
whom
such
training
is
warranted,
develop
timelines
for
26
frequency
of
such
training
and
training
updates
for
the
27
classifications
of
school
personnel,
and
propose
modification
28
or
elimination
of
requirements
that
are
outdated.
The
29
task
force
shall
develop
a
uniform
training
framework
that
30
charter
schools
and
school
districts
may
follow
to
provide
31
health-related
training
in
the
most
efficient
and
effective
32
manner.
33
2.
Voting
members
of
the
task
force
shall
include
persons
34
deemed
appropriate
by
the
department
of
education,
in
35
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collaboration
with
the
department
of
health
and
human
services.
1
3.
The
department
of
education
and
the
department
of
health
2
and
human
services
shall
work
cooperatively
to
provide
staffing
3
and
administrative
support
to
the
task
force.
4
4.
The
task
force
shall
submit
its
uniform
training
5
framework,
findings,
and
recommendations
to
the
general
6
assembly
by
December
30,
2023.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
requires
charter
schools,
school
districts,
and
11
accredited
nonpublic
schools
that
have
a
student
enrolled
12
who
has
a
known
epilepsy
diagnosis
or
seizure
disorder
or
13
has
a
seizure
rescue
medication
or
medication
prescribed
to
14
treat
seizure
disorder
symptoms
to
have
an
individual
health
15
plan,
including
a
seizure
action
plan
if
appropriate,
requires
16
charter
schools,
school
districts,
and
accredited
nonpublic
17
schools
to
provide
certain
training
relating
to
seizures
18
to
relevant
school
employees,
requires
the
state
board
of
19
education
to
adopt
rules
for
implementation
of
new
Code
section
20
280.13D,
and
requires
the
department
of
education
to
develop
21
and
implement
a
seizure
education
program
statewide.
22
The
bill
requires
charter
schools,
school
districts,
and
23
accredited
nonpublic
schools
to
have
at
least
one
school
24
employee
at
each
school
who
has
met
the
training
requirements
25
for
administering
medications
and
vagus
nerve
stimulation.
26
The
presence
of
a
full-time
registered
nurse
who
assumes
27
responsibility
for
the
administration
of
seizure
medications
28
and
vagus
nerve
stimulation
meets
this
requirement.
However,
29
school
personnel,
other
than
a
registered
nurse,
are
not
30
required
to
administer
a
suppository
to
a
student.
31
The
bill
includes
definitions
and
requirements
relating
to
32
the
development
of
individual
health
plans
and
seizure
action
33
plans.
34
Every
school
attendance
center
shall
provide
training
to
35
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school
personnel
or
volunteers
responsible
for
the
supervision
1
or
care
of
students.
The
training
must
be
fully
consistent
2
with
programs
and
guidelines
developed
by
the
epilepsy
3
foundation
of
America.
4
Further,
each
charter
school
and
school
district
must
5
require
all
school
personnel
to
undergo
approved
seizure
6
recognition
and
first
aid
training
on
a
biennial
basis.
The
7
new
Code
section
shall
not
be
construed
to
limit
the
authority
8
of
a
charter
school,
school
district,
or
the
department
to
9
require
additional
seizure
disorder
training.
10
Prior
to
administering
medication
prescribed
to
treat
a
11
student’s
seizure
disorder
symptoms,
the
student’s
parent
or
12
guardian
must
provide
the
school
with
a
written
authorization
13
to
administer
the
medication
at
school.
14
The
parent
or
guardian
of
a
student
diagnosed
with
a
15
seizure
disorder
may
collaborate
with
licensed
health
care
16
professionals,
including
the
school
nurse
or
education
team,
17
in
the
development
of
an
individual
health
plan,
and
a
seizure
18
action
plan
if
appropriate,
consistent
with
the
state
board’s
19
rules.
The
individual
health
plan
or
seizure
plan,
based
20
on
the
student’s
needs,
may
include
assessment,
nursing
21
diagnosis,
outcomes,
planning,
interventions,
student
goals,
if
22
applicable,
and
a
plan
for
emergencies
to
provide
direction
in
23
managing
the
student’s
health
needs.
The
plan
must
be
updated
24
consistent
with
individual
health
plan
timelines
and
state
25
board
of
education
rules.
26
Each
school
shall
keep
the
parent’s
written
authorization
27
requesting
medication
administration
at
school,
the
individual
28
health
plan,
and
the
seizure
action
plan
on
file
in
the
office
29
of
the
school
nurse
or
school
administrator,
and
distribute
30
information
regarding
the
seizure
action
to
any
school
31
personnel
or
volunteers
responsible
for
the
student.
The
32
health
plan
information
is
confidential
under
federal
law.
33
Provisions
relating
to
the
administration
of
medication
34
prescribed
to
treat
a
specific
student’s
seizure
disorder
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symptoms,
and
to
distribution
of
information
about
a
specific
1
student’s
seizure
action
plan
to
persons
responsible
for
the
2
supervision
or
care
of
the
student
apply
only
to
schools
that
3
have
a
student
enrolled
who
has
a
known
epilepsy
diagnosis
4
or
seizure
disorder
or
has
a
seizure
rescue
medication
or
5
medication
prescribed
to
treat
seizure
disorder
symptoms.
6
Every
charter
school
and
school
district
may
provide
an
7
age-appropriate
seizure
education
program
to
all
students
on
8
seizures
and
seizure
disorders.
9
A
charter
school,
school
district,
or
nonpublic
school;
10
charter
school
employee,
school
district
employee,
or
nonpublic
11
school
employee;
or
agent
who
acts
in
good
faith
to
provide
12
assistance
or
services
in
compliance
with
the
student’s
13
individual
health
plan
and
the
instructions
of
the
student’s
14
licensed
health
care
professional
shall
not
be
liable
for
any
15
claim
for
injuries
or
damages
arising
from
the
provision
of
16
such
services
to
students
with
epilepsy
or
seizure
disorders.
17
The
bill
directs
the
department
of
education,
in
18
collaboration
with
the
department
of
health
and
human
services,
19
to
convene
a
charter
school
and
school
district
health-related
20
training
requirements
task
force
to
review
health-related
21
training
requirements
established
in
the
Code
and
the
Iowa
22
administrative
code,
with
which
charter
schools
and
school
23
districts
must
comply.
24
Voting
members
of
the
task
force
shall
include
persons
25
deemed
appropriate
by
the
department
of
education,
in
26
collaboration
with
the
department
of
health
and
human
services.
27
The
departments
shall
work
cooperatively
to
provide
staffing
28
and
administrative
support
to
the
task
force.
29
The
task
force
shall
submit
its
uniform
training
framework,
30
findings,
and
recommendations
to
the
general
assembly
by
31
December
30,
2023.
32
-7-
LSB
1561XS
(2)
90
dg/jh
7/
7
