Bill Text: MI HB5329 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Education: all other employees; certain requirements related to seizure awareness; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1179c.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2023-12-31 - Bill Electronically Reproduced 11/14/2023 [HB5329 Detail]
Download: Michigan-2023-HB5329-Introduced.html
HOUSE BILL NO. 5329
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1179c.
the people of the state of michigan enact:
Sec. 1179c. (1) Beginning with the 2025-2026 school year, the board of a school district or intermediate school district or board of directors of a public school academy shall require that all school personnel employed by, or assigned to work at, a school operated by the school district, intermediate school district, or public school academy successfully complete seizure recognition and seizure first aid response training on a biennial basis. The seizure recognition and seizure first aid response training described in this subsection must include, but is not limited to, all of the following:
(a) Instruction on common seizure types.
(b) Seizure first aid steps to assist a pupil who is having a seizure.
(c) Information on key factors that make a seizure a medical emergency.
(d) Guidance for ways to support pupils living with epilepsy.
(2) The board of a school district or intermediate school district or board of directors of a public school academy shall require that all school nurses or school personnel designated to administer medications who are employed by, or assigned to work at, the school district, intermediate school district, or public school academy complete seizure recognition and seizure first aid response training that includes training on medication administration. The seizure recognition and seizure first aid response training described in this subsection must include, but is not limited to, all of the following:
(a) Information on common seizure types and potential triggers and risk factors for seizures and emergencies.
(b) Guidance on ways in which treatment of epilepsy may affect a pupil's health, safety, or learning.
(c) Instruction on seizure first aid to assist a pupil during and after a seizure.
(d) Education on seizure action plans for pupils with epilepsy and using safe practices for medication administration and delegation.
(3) The department shall develop guidelines regarding the trainings described in subsections (1) and (2). The guidelines described in this subsection and the trainings described in subsections (1) and (2) must be consistent with guidelines developed by the Epilepsy Foundation.
(4) For each pupil who is being treated for a seizure disorder, the board of the school district or intermediate school district or board of directors of the public school academy in which the pupil is enrolled shall ensure that a seizure action plan submitted by the pupil's parent or legal guardian is made a part of the pupil's school record. A seizure action plan described in this subsection must include at least all of the following:
(a) The pupil's full name.
(b) The name and purpose of any medication that the pupil is prescribed.
(c) The dosage of the prescription described in subdivision (b).
(d) The route of administration of the prescription described in subdivision (b).
(e) The frequency with which the medication described in subdivision (b) may be administered.
(f) The circumstances under which the medication described in subdivision (b) may be administered.
(5) The board of a school district or intermediate school district or board of directors of a public school academy shall ensure that a seizure action plan described in subsection (4) is made accessible to all school personnel who are responsible for the pupil to whom the plan applies.
(6) Notwithstanding any public school, school district, or intermediate school district policy to the contrary, upon written permission by a pupil's parent or legal guardian, the board of the school district or intermediate school district or board of directors of the public school academy in which the pupil is enrolled shall ensure that at least 2 employees of the pupil's school are designated by a school administrator to administer seizure medication to the pupil in compliance with the instructions of a physician if the pupil has a prescription for the medication on file at the school. The board or board of directors shall ensure that its local policy concerning the administration of medications to pupils at school is modified, as needed, to comply with this subsection. The department shall identify, develop, and adopt appropriate revisions to any medication administration guidelines issued by the department including, but not limited to, those relating to the training needs and requirements for the administration and maintenance of seizure medication, as needed, to comply with this subsection. Any medication administered under this subsection must be approved by the United States Food and Drug Administration.
(7) Subject to section 1178, a school district, intermediate school district, public school academy, school district board member, intermediate school board member, board of directors member of a public school academy, or employee of a school district, intermediate school district, or public school academy who in good faith carries out an act to comply with this section in accordance with this section is not liable for civil damages or subject to criminal prosecution as a result of that act, except for an act or omission amounting to gross negligence. As used in this subsection, "gross negligence" means that term as defined in section 7 of 1964 PA 170, MCL 691.1407. This subsection does not eliminate, limit, or reduce any other immunity or defense that a school district, intermediate school district, public school academy, member of a school district board, member of an intermediate school board, board of directors member of a public school academy, or employee of a school district, intermediate school district, or public school academy may have under other state law.
(8) As used in this section, "school personnel" means a school administrator, guidance counselor, teacher, school secretary, office secretary, or other relevant school employee with direct contact and supervision of pupils, including, but not limited to, bus drivers and classroom aides.
