House File 835 - Enrolled House File 835 AN ACT RELATING TO SCHOOL PERSONNEL TRAINING, INCLUDING BY IMPLEMENTING PROVISIONS RELATED TO EMERGENCY CARE PLANNING, AUTHORIZATIONS FOR ASSISTING, AND LIMITATIONS OF LIABILITY CONCERNING STUDENTS WITH EPILEPSY OR SEIZURE DISORDER, AND REQUIRING THE DEPARTMENT OF EDUCATION TO CONVENE A HEALTH CARE-RELATED TRAINING FOR SCHOOL PERSONNEL WORK GROUP. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. NEW SECTION . 280.13D Seizure action plan and training requirements. 1. For the purposes of this section, unless the context otherwise requires: a. “Individual health plan” means the confidential, written, preplanned, and ongoing special health service developed for a student who requires such service to be incorporated with the student’s educational program.
House File 835, p. 2 b. “School nurse” means a registered nurse holding current licensure recognized by the board of nursing who practices in the school setting to promote and protect the health of the school population by using knowledge from the nursing, social, and public health sciences. c. “School personnel” means principals, guidance counselors, teachers, and other relevant employees who have direct contact with and supervise children, including school bus drivers and para-educators. d. “Seizure action plan” means a written set of instructions designed to direct caregivers and staff to intervene in the event of a seizure occurrence and is considered a plan for emergencies as a part of an individual health plan. 2. a. Starting with the school year beginning July 1, 2025, the board of directors of each school district and the authorities in charge of each accredited nonpublic school shall have at least one school employee at each school who has met the training requirements necessary to administer or assist with the self-administration of all of the following: (1) A medication approved by the United States food and drug administration to treat seizure disorder symptoms or a medication approved by the United States food and drug administration as a seizure rescue medication. (2) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet approved by the United States food and drug administration. b. The presence of a school nurse employed full-time by a school district or accredited nonpublic school who assumes responsibility for the administration of seizure medications and the administration oversight of vagus nerve stimulation shall fulfill the requirements of paragraph “a” . This section shall not be construed to require school personnel, other than a school nurse, to administer a suppository to a student. 3. a. On or before December 31, 2026, each public school and each accredited nonpublic school shall provide training to all school personnel on how to recognize the signs and symptoms of seizures and the appropriate steps for seizure first aid. b. Each public school and each accredited nonpublic school shall require school personnel responsible for the supervision
House File 835, p. 3 or care of students to undergo seizure recognition and first aid training on a biennial basis. 4. Any training programs or guidelines adopted by a state agency for the training of school personnel in the health care needs of students diagnosed with a seizure disorder shall be consistent with training programs and guidelines developed by the epilepsy foundation of America or any successor organization. 5. This section shall not be construed to limit the authority of a school district, an accredited nonpublic school, or the department of education to require additional seizure disorder training. 6. a. Prior to school personnel administering medication prescribed to treat a student’s seizure disorder symptoms, a school or accredited nonpublic school shall obtain a signed and dated authorization from the student’s parent or guardian that authorizes a person who meets the requirements of subsection 2 to administer medication in accordance with the school’s policy and procedures. b. Authorizations required pursuant to paragraph “a” shall be effective for the school year in which the authorization is granted and must be renewed each school year. 7. Upon the request of a student’s parent or guardian, a school district or accredited nonpublic school shall collaborate with the parent or guardian and relevant licensed health care professionals, including the school nurse or education team, in the development of an individual health plan, and a seizure action plan if appropriate, consistent with rules adopted by the state board of education. The individual health plan or seizure action plan shall be based on the student’s needs and may include but is not limited to assessment, nursing diagnosis, outcomes, planning, interventions, student goals, and a plan for emergencies to provide direction in managing the student’s health needs. The plan shall be updated consistent with timelines for individual health plans and with rules adopted by the state board of education. 8. a. Each school district and each accredited nonpublic school shall maintain all authorizations pursuant to subsection
House File 835, p. 4 6, individual health plans, and seizure action plans for enrolled students on file in the office of the school nurse or school administrator. b. Each school district and each accredited nonpublic school shall distribute information regarding a student’s seizure action plan to any school personnel responsible for the supervision or care of the student. 9. The requirements of subsections 6, 7, and 8 shall only apply to a school district or accredited nonpublic school that has either of the following: a. An enrolled student with a known diagnosis of epilepsy or seizure disorder. b. An enrolled student who is known to currently be taking medication prescribed by a health care provider as that term is defined in section 10A.711, and approved by the United States food and drug administration to treat seizure disorder symptoms. 10. The state board of education shall adopt rules to establish a seizure education program for the purpose of providing school districts and accredited nonpublic schools an age-appropriate program on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the epilepsy foundation of America or any successor organization, and participation in the program shall be optional. 11. A school district or accredited nonpublic school, an employee of a school district or accredited nonpublic school, or an agent of a school district or accredited nonpublic school acting reasonably, in good faith, and in compliance with a student’s individual health plan and seizure action plan shall not be liable for any claim for injuries or damages arising from actions taken to assist a student with the student’s needs related to epilepsy or a seizure disorder. Sec. 2. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 1. The department of education shall convene and provide administrative support to a health care-related training for school personnel work group. The work group shall review and develop a plan to ensure Iowa educators have the
House File 835, p. 5 health care training necessary to perform their duties and responsibilities, and shall consider and submit recommendations for delivery and implementation of training required under state law or rule. 2. The work group shall include all of the following: a. (1) Two members who are staff members from the department of education, one of whom shall be an administrative consultant in the bureau of nutrition and health services. A member appointed under this subparagraph shall coordinate the work group and act as chairperson for the organizational meeting. (2) One member who is a staff member from the Iowa department of health and human services. b. Members who shall represent each of the following: (1) One member from a statewide organization representing teachers. (2) One member from a statewide organization representing school board members. (3) One member from a statewide organization representing school administrators. (4) One member from a statewide organization representing authorities in charge of accredited nonpublic schools. (5) One member representing the area education agencies. (6) One member from a statewide organization representing physicians. (7) One member from a statewide organization representing athletic trainers. (8) One member from a statewide organization representing emergency management services. (9) One member from a statewide organization representing health care organizations. (10) One member from a statewide organization representing school nurses. 3. Any expenses incurred by a member of the work group shall be the responsibility of the individual member or the respective entity represented by the member. 4. The director of the department of education or the director’s designee shall compile and provide to the work group a list of, and the purposes for, the health care training
House File 835, p. 6 programs that school personnel are required to complete, as well as any requirements school personnel must meet following such training, in order be in compliance with state law or administrative rule. 5. The work group shall do all of the following: a. Identify which trainings can be best provided over the internet, and how such training can be rotated on a five-year basis for school personnel. b. Develop a plan for a regular cycle of health care-related training for school personnel review, with the goal of removing or modifying training or training programs that are no longer relevant, and identifying less costly and more efficient options that still provide the appropriate level of training to school personnel. c. Standardize the process of establishing new training requirements in state law or rule to manage stakeholder expectations relating to the timeline for establishing the requirements. d. Create an ongoing review process to find efficiencies, identify training options that better utilize time and financial resources, and offer a continuous improvement model for the system moving forward. e. Study and make any recommended changes on rules adopted by the state board of education under 281 IAC ch. 14, relating to individual health plans prepared for students with various health conditions. f. Ensure a public comment process for patient advocacy groups and parents to provide input on the recommendations of the work group. 6. If the work group recommends elimination or significant modification of certain health care-related training for school personnel, the department of education shall identify stakeholders who would potentially be affected by such change, and shall invite representatives from organizations representing such stakeholders to submit comments before or at an upcoming work group meeting before the work group makes final recommendations. 7. The department of education shall compile the work group’s findings and recommendations and shall submit the
House File 835, p. 7 compilation, including any proposal for legislation, in a report to the general assembly, the governor, and the state board of education by December 1, 2025. ______________________________ PAT GRASSLEY Speaker of the House ______________________________ AMY SINCLAIR President of the Senate I hereby certify that this bill originated in the House and is known as House File 835, Ninety-first General Assembly. ______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2025 ______________________________ KIM REYNOLDS Governor