Relates to the establishment and implementation of guidelines concerning certain head injuries.
TITLE OF BILL: An act to amend the education law, in relation to the establishment and implementation of guidelines concerning certain head injuries
PURPOSE OR GENERAL IDEA OF BILL: To establish guidelines by which students will be allowed to return to participation in certain athletic and recreational activities after incurring a concussion.
SUMMARY OF SPECIFIC PROVISIONS: Amends the Education Law by adding a new section 921. Requires that every school district establish and implement guidelines for the return to athletic competition, gym class or school sponsored recreational activities after suffering a concussion. The guidelines shall include, but will not be limited to: written clearance from a physician before the student is allowed to return to athletic competition, participation in gym class or other school sponsored activities.
JUSTIFICATION: A recent national study conducted by the Center for Disease Control in Atlanta showed that the number of sports-related traumatic injuries incurred each year was not 82,000 as previously expected, but actually closer to 300,000. A series in Newsday reported that approximately 100 Long Island high school football players suffer from minor concussions annually. This obviously presents a serious public health problem.
The Center for the Study of Traumatic Encephalopathy, along with other research institutions, has recently shed light on the trauma experienced by NFL players. Many NFL players experience concussions beginning in high school, and show sever brain degeneration that closely resembles Alzheimer's disease after repeated concussions. Even minor impacts can cause a concussion.
In order to protect our students and student-athletes, it is necessary that we establish state-wide guidelines for the management and tracking of concussions. If a concussion does not heal properly prior to an individual returning to athletic or risky activities, the chances of receiving yet another concussion increase. Multiple concussions have been known to lead to permanent brain injury and even death.
This legislation would establish the necessary guidelines. Students would not be allowed to return to certain activities after suffering from a concussion without written clearance from a physician. This would reduce the chance of a student returning to activity before they have had the chance to properly heal. Schools would be required to implement a system for tracking any concussions a student incurs throughout their elementary and secondary years. This would give school nurses and administrators important health information regarding students.
PRIOR LEGISLATIVE HISTORY: 02/06/06: A.706, Passed Assembly 06/08/05: A.706, Passed Assembly 03/01/04: A.1889, Passed Assembly 2010: S.7604/A.8385-A
FISCAL IMPLICATIONS: De minimis.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately any rules and regulations necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 631 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to the establishment and implementation of guidelines concerning certain head injuries THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 921 to read as follows: S 921. GUIDELINES FOR CERTAIN ATHLETIC AND RECREATIONAL PARTICIPATION. 1. EVERY SCHOOL DISTRICT SHALL ESTABLISH AND IMPLEMENT GUIDELINES FOR THE RETURN TO ATHLETIC COMPETITION, GYM CLASS OR SCHOOL SPONSORED RECRE- ATIONAL ACTIVITY BY STUDENTS AFTER SUFFERING A CONCUSSION. 2. THE GUIDELINES PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, WRITTEN CLEARANCE FROM A PHYSICIAN BEFORE THE STUDENT IS ALLOWED TO RETURN TO ATHLETIC COMPETITION, PARTIC- IPATION IN GYM CLASS OR OTHER SCHOOL SPONSORED RECREATIONAL ACTIVITY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, any rules and regu- lations necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01806-01-1