A7885-2011 Actions

• Feb 23, 2012: print number 7885a
• Feb 23, 2012: amend and recommit to education
• Jan 4, 2012: referred to education
• May 20, 2011: referred to education

A7885-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7885
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 20, 2011
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
 Committee on Education
 

AN ACT to amend the education law, in relation to directing the  commis
 sioner  of education to establish rules and regulations for the treat
 ment and monitoring of students who suffer concussions or  head  inju
 ries
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 305 of the education law is amended by adding a new
 subdivision 42 to read as follows:

 42. A. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH
 AND THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION, SHALL:

 (1) PROMULGATE AND REGULARLY UPDATE RULES AND REGULATIONS TO ESTABLISH
 MINIMUM STANDARDS FOR ALL SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCA
 TIONAL SERVICES AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS  RELATING
 TO THE TREATMENT AND MONITORING OF PUPILS WHO SUFFER OR ARE SUSPECTED OF
 SUFFERING  CONCUSSIONS  AND HEAD INJURIES WHILE RECEIVING INSTRUCTION OR
 ENGAGING IN SCHOOL SPONSORED OR RELATED PHYSICAL OR ATHLETIC ACTIVITIES.
 SUCH RULES AND REGULATIONS SHALL PROVIDE FOR  AN  APPROPRIATE  LEVEL  OF
 MONITORING  THE  CONDITION, BOTH MENTAL AND PHYSICAL, OF EVERY PUPIL WHO
 HAS SUFFERED OR IS SUSPECTED OF SUFFERING A CONCUSSION OR  HEAD  INJURY,
 AND  PROVIDE  APPROPRIATE  RESTRICTIONS  ON PARTICIPATION IN PHYSICAL OR
 ATHLETIC ACTIVITIES BY SUCH PUPILS. IN ADDITION, A WRITTEN RELEASE  FORM
 FROM  A  LICENSED  HEALTH  CARE  PROVIDER  TRAINED IN THE EVALUATION AND
 MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES SHALL  BE  FILED  WITH  SUCH
 PUPIL'S  SCHOOL  PRIOR  TO THE RESUMPTION OF PHYSICAL OR ATHLETIC ACTIV
 ITIES;
 (2) DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF  COOPERATIVE  EDUCA
 TIONAL SERVICES AND NONPUBLIC SCHOOLS AN INFORMATION PAMPHLET TO EDUCATE
 COACHES, PUPILS PARTICIPATING IN INTERSCHOLASTIC SPORTS, PUPILS WHO HAVE
 SUFFERED  OR ARE SUSPECTED OF SUFFERING CONCUSSIONS OR HEAD INJURIES AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11028-01-1
 
       A. 7885                             2
 PERSONS IN PARENTAL RELATION TO A PUPIL ON THE NATURE, INCIDENCE, TREAT
 MENT, WARNING SIGNS AND RISKS OF CONCUSSIONS AND HEAD INJURIES.  A  COPY
 OF SUCH PAMPHLET SHALL BE PROVIDED ANNUALLY TO EVERY TEACHER OF PHYSICAL
 EDUCATION, EVERY COACH OF INTERSCHOLASTIC TEAMS, EVERY PUPIL WHO SUFFERS
 OR  IS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY AND THE PERSON
 IN PARENTAL RELATION TO EACH PUPIL WHO PARTICIPATES IN AN  INTERSCHOLAS
 TIC  SPORT  OR HAS SUFFERED OR IS SUSPECTED OF SUFFERING A CONCUSSION OR
 HEAD INJURY; AND
 (3) DISTRIBUTE TO ALL SCHOOL DISTRICTS, BOARDS OF  COOPERATIVE  EDUCA
 TIONAL SERVICES AND NONPUBLIC SCHOOLS A FORM WHICH ATTESTS TO RECEIPT OF
 THE  PAMPHLET ESTABLISHED PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH
 AND THAT THE SIGNATORS HAVE READ AND UNDERSTAND THE NATURE AND RISKS  OF
 CONCUSSIONS  AND HEAD INJURIES. NO PUPIL SHALL PRACTICE FOR OR ENGAGE IN
 INTERSCHOLASTIC SPORTS UNTIL SUCH  PUPIL  AND  THE  PERSON  IN  PARENTAL
 RELATION TO HIM OR HER HAVE SIGNED SUCH FORM. A NEW FORM SHALL BE SIGNED
 BY  THE PUPIL AND THE PERSON IN PARENTAL RELATION TO HIM OR HER IN EVERY
 YEAR IN WHICH SUCH PUPIL PRACTICES FOR  OR  ENGAGES  IN  INTERSCHOLASTIC
 SPORTS.
 B.  THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
 SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE  COMPLIED  WITH
 BY  EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
 NONPUBLIC SCHOOL RELATING TO CONCUSSIONS AND HEAD INJURIES.  NOTHING  IN
 THIS  SUBDIVISION  SHALL  PROHIBIT ANY SCHOOL DISTRICT, BOARD OF COOPER
 ATIVE EDUCATIONAL SERVICES OR NONPUBLIC SCHOOL FROM ADOPTING AND  IMPLE
 MENTING MORE STRINGENT STANDARDS.
 

S  2.  The  education law is amended by adding a new section 3001-e to
 read as follows:

 

S 3001-E. STUDENTS SUSPECTED OF SUFFERING A CONCUSSION OR HEAD INJURY.
 1. ANY TEACHER, COACH, SCHOOL ADMINISTRATOR, SCHOOL GUIDANCE  COUNSELOR,
 SCHOOL  PSYCHOLOGIST, SCHOOL DRUG COUNSELOR, SCHOOL NURSE, SUPERVISOR OF
 ATTENDANCE, ATTENDANCE TEACHER OR ATTENDANCE OFFICER  HAVING  REASONABLE
 CAUSE  TO  SUSPECT THAT A SECONDARY OR ELEMENTARY STUDENT HAS SUFFERED A
 CONCUSSION OR HEAD INJURY SHALL IMMEDIATELY REMOVE SUCH STUDENT FROM ANY
 PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
 2. ANY STUDENT WHO HAS BEEN REMOVED  FROM  ANY  PHYSICAL  ACTIVITY  OR
 ATHLETIC  COMPETITION DUE TO SUSPICION OF SUCH STUDENT HAVING SUFFERED A
 CONCUSSION OR HEAD INJURY SHALL NOT RETURN TO ANY PHYSICAL  ACTIVITY  OR
 ATHLETIC  COMPETITION  UNTIL SUCH STUDENT HAS PROVIDED A WRITTEN RELEASE
 FORM FROM A LICENSED HEALTH CARE PROVIDER TRAINED IN THE EVALUATION  AND
 MANAGEMENT OF CONCUSSIONS AND HEAD INJURIES STATING THAT THE STUDENT MAY
 RETURN TO PHYSICAL ACTIVITY OR ATHLETIC COMPETITION.
 

S  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law; provided, that,  effective
 immediately,  any  rules  and  regulations  necessary  to  implement the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such date.

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