S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1977
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the  education  law,  in  relation  to  updating  school
   concussion management and response protocols and increasing concussion
   data collection and reporting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "concussion
 management and awareness improvement act of 2023".
   § 2. Subdivision 42 of section 305 of the education law, as  added  by
 chapter  496  of  the laws of 2011 and paragraph b as amended by chapter
 617 of the laws of 2022, is amended to read as follows:
   42. a. The commissioner,  in  conjunction  with  the  commissioner  of
 health,  shall  promulgate and review as necessary rules and regulations
 relating to pupils  who  suffer  mild  traumatic  brain  injuries,  also
 referred  to  as a "concussion," while receiving instruction or engaging
 in any school sponsored [or], SCHOOL related activity,  OR  COMPETITIVE,
 TRAVEL  YOUTH  SPORT  ON  SCHOOL DISTRICT PROPERTY.   In developing such
 rules and regulations, the commissioner  shall  consider  comments  from
 stakeholders  and  other interested parties including but not limited to
 parents, teachers,  students,  school  administrators,  school  athletic
 trainers,  sport  coaches,  medical and health professionals, the public
 schools athletic league (PSAL), the New York state  public  high  school
 athletic  association  (NYSPHSAA), and other athletic associations. Such
 regulations shall include, but not be limited to:
   (i) requiring a course of  instruction  relating  to  recognizing  the
 symptoms  of  mild  traumatic  brain injuries and monitoring and seeking
 proper medical treatment for pupils  who  suffer  mild  traumatic  brain
 injuries.  Such  course of instruction shall be required to be completed
 on a biennial basis by all school coaches, physical education  teachers,
 nurses  [and],  athletic  trainers, MEDICAL DIRECTORS, PHYSICIANS, NURSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06503-01-3
              

 A. 1977                             2
 
 PRACTITIONERS, AND PHYSICIAN ASSISTANTS EMPLOYED BY OR UNDER CONTRACT TO
 A SCHOOL OR SCHOOL DISTRICT.  The course of instruction required by this
 subparagraph shall include, but not be limited to, the definition  of  a
 "concussion,"  signs  and symptoms of mild traumatic brain injuries, how
 such injuries may occur, practices regarding prevention, and the  guide-
 lines  for the return to school and to certain school activities after a
 pupil has suffered a mild traumatic brain injury regardless  of  whether
 such  injury  occurred outside of school. Such training may be completed
 by means of courses of instruction, including but not limited to, cours-
 es provided online and by teleconference approved by the department;
   (ii) providing that the department and the department of health  shall
 post  on  their internet websites information relating to mild traumatic
 brain injuries, which shall include but not be  limited  to,  the  defi-
 nition  of  a  "concussion,"  signs and symptoms of mild traumatic brain
 injuries, how such injuries may occur, and the guidelines for the return
 to school and to certain school activities after a pupil has suffered  a
 mild  traumatic  brain injury regardless of whether such injury occurred
 outside of school. Schools shall be required to include such information
 in any permission form or parent or person in parental relation  consent
 form  or  similar  document  that  may be required for a pupil's partic-
 ipation in interscholastic sports and shall also include  such  informa-
 tion,  or  reference  how to obtain such information from the department
 and the department of health internet websites, on the school's internet
 website, if one exists;
   (iii) requiring the immediate removal from athletic activities of  any
 pupil  believed  to have sustained or who has sustained a mild traumatic
 brain injury. In the event that there is any doubt as to whether a pupil
 has sustained a concussion, it shall be presumed that he or she has been
 so injured until proven otherwise. No such pupil shall  resume  athletic
 activity  until he or she shall have been symptom free for not less than
 twenty-four hours, HAS RETURNED TO A FULL CLASS SCHEDULE WITHOUT ACADEM-
 IC ADJUSTMENTS OR ACCOMMODATIONS MADE DUE TO THE  MILD  TRAUMATIC  BRAIN
 INJURY,  and  has  been  evaluated  by  and  received written and signed
 authorization from a licensed physician.  Such  authorization  shall  be
 kept  on  file in the pupil's permanent health record. Furthermore, such
 rules and regulations  shall  provide  guidelines  for  limitations  and
 restrictions  on  school  attendance and activities, AS WELL AS ATHLETIC
 ATTENDANCE AND ACTIVITIES, for pupils who have sustained mild  traumatic
 brain  injuries,  consistent with the directives of the pupil's treating
 physician.
   (iv) [authorizing] REQUIRING each school or school district[,  in  its
 discretion,]  to  establish  a  concussion  management team which may be
 composed of the athletic director (if any), a school nurse,  THE  SCHOOL
 PRINCIPAL,  A  SCHOOL  GUIDANCE  COUNSELOR, A SCHOOL TEACHER, the school
 physician, a coach of an interscholastic team, an  athletic  trainer  or
 such  other appropriate personnel as designated by A COLLECTIVE BARGAIN-
 ING ORGANIZATION OF THE EMPLOYEE OR the school or school district IF  NO
 SUCH  COLLECTIVE BARGAINING ORGANIZATION EXISTS.  The concussion manage-
 ment team shall oversee the implementation of the rules and  regulations
 promulgated pursuant to this subdivision as it pertains to their associ-
 ated  school including the requirement that all school coaches, physical
 education teachers, nurses and athletic  trainers  that  work  with  and
 provide  instruction  to  pupils  engaged  in  school sponsored athletic
 activities complete training relating to mild traumatic brain  injuries.
 Furthermore,  every  concussion management team may establish and imple-
 ment a program which provides information on mild traumatic brain  inju-
 A. 1977                             3
 
 ries  to parents and persons in parental relation throughout each school
 year.  EVERY CONCUSSION MANAGEMENT TEAM SHALL REPORT ANNUALLY  TO  THEIR
 APPLICABLE  DISTRICT  SUPERINTENDENT  OR  CHIEF SCHOOL OFFICER, BOARD OF
 EDUCATION  OR GOVERNING BODY, AND TO THE DEPARTMENT THE FOLLOWING INFOR-
 MATION: (A) THE NUMBER, SEX, AGE AND GRADE OF PUPILS WHO SUSTAIN A  MILD
 TRAUMATIC  BRAIN  INJURY  EACH  YEAR, REGARDLESS OF THE SETTING IN WHICH
 SUCH INJURY IS SUSTAINED; (B) THE CAUSE OF SUCH INJURIES; (C) THE  DURA-
 TION OF SYMPTOMS OF SUCH INJURIES; AND (D) ANY MODIFICATIONS OR ACCOMMO-
 DATIONS MADE FOR PUPILS THAT HAVE SUSTAINED SUCH INJURIES.
   (V)  RECOMMENDING THAT SCHOOLS RETAIN ACCESS TO AN ATHLETIC TRAINER TO
 PROVIDE SERVICES TO STUDENTS.
   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 public school and nonpublic school AND EVERY GROUP OR ORGANIZA-
 TION THAT USES PROPERTY OR FACILITIES OWNED BY  A  SCHOOL  DISTRICT  FOR
 COMPETITIVE, TRAVEL YOUTH SPORTS, relating to mild traumatic brain inju-
 ries.  Nothing  in  this subdivision shall prohibit any public school or
 nonpublic school from adopting and implementing  more  stringent  stand-
 ards.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law; provided, however, that if
 chapter 617 of the laws of 2022 shall not have taken effect on or before
 such date then section two of this act shall take  effect  on  the  same
 date  and  in  the same manner as such chapter of the laws of 2022 takes
 effect. Effective immediately, the addition, amendment, and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its effective date are authorized to be made on or before such date.