HF 563 (LSB 1453HV (2) 87)

HOUSE FILE 563

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 17)

A BILL FOR

An Act providing for certain emergency medical procedures training requirements for school coaches and concussion and brain injury policies for certain extracurricular interscholastic activities, and including applicability provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SCHOOL COACHES —— EMERGENCY MEDICAL PROCEDURES TRAINING

    Section 1.  Section 272.31, subsection 1, paragraph a, Code 2017, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (05)  Successful completion of a certification course for cardiopulmonary resuscitation and use of an automated external defibrillator.
    Sec. 2.  Section 279.19B, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0b.  An individual employed under paragraph “a” shall possess a valid certificate of completion of a nationally recognized course in cardiopulmonary resuscitation and use of an automated external defibrillator.
    Sec. 3.  APPLICABILITY PROVISIONS.  A person who possesses a valid teaching license with a coaching endorsement or a coaching authorization issued by the board of educational examiners prior to July 1, 2017, shall have until July 1, 2018, to meet the requirements of this division of this Act.
DIVISION II
CONCUSSIONS OR BRAIN INJURY POLICIES

    Sec. 4.  Section 280.13C, Code 2017, is amended by striking the section and inserting in lieu thereof the following:
   280.13C  Concussion and brain injury policies.
   1.  Legislative findings.  The general assembly finds and declares all of the following:
   a.  Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
   b.  Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions can occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
   c.  Continuing to play with a concussion or symptoms of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The general assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this state.
   d.  A student athlete who has sustained a concussion may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or educational staff until the student is fully recovered. To that end, the Iowa high school athletic association and the Iowa girls high school athletic union are encouraged to establish and disseminate to all schools in this state a return-to-school protocol that is based on peer-reviewed scientific evidence consistent with federal guidelines and includes baseline testing for student athletes. Furthermore, all schools in this state are encouraged to adopt such protocols.
   2.  Definitions.  For the purposes of this section:
   a.  “Contest” means an interscholastic athletic game.
   b.  “Contest official” means a referee, umpire, judge, or other official in an athletic contest.
   c.  “Extracurricular interscholastic activity” means any extracurricular interscholastic activity, contest, or practice, including sports, dance, or cheerleading.
   d.  “Licensed health care provider” means a physician, physician assistant, chiropractor, advanced registered nurse practitioner, nurse, physical therapist, or athletic trainer licensed by a board designated under section 147.13.
   3.  Training.
   a.  The Iowa high school athletic association and the Iowa girls high school athletic union shall work together to develop training materials and courses regarding concussions and brain injuries, including training regarding evaluation, prevention, symptoms, risks, and long-term effects of concussions and brain injuries. Each coach or contest official shall complete such training at least every two years.
   b.  Individuals required to complete training pursuant to this subsection shall submit proof of such completion to the board of directors of the school district or the authorities in charge of the accredited nonpublic school within thirty days of such completion.
   4.  Guidelines and information sheet.
   a.  The Iowa high school athletic association and the Iowa girls high school athletic union shall work together to distribute the centers for disease control and prevention guidelines and other pertinent information to inform and educate coaches, students, and the parents and guardians of students of the risks, signs, symptoms, and behaviors consistent with a concussion or brain injury, including the danger of continuing to participate in extracurricular interscholastic activities after suffering a concussion or brain injury and their responsibility to report such signs, symptoms, and behaviors if they occur.
   b.  Annually, each school district and nonpublic school shall provide to the parent or guardian of each student a concussion and brain injury information sheet, as provided by the Iowa high school athletic association and the Iowa girls high school athletic union. The student and the student’s parent or guardian shall sign and return the concussion and brain injury information sheet to the student’s school prior to the student’s participation in any extracurricular interscholastic activity for grades seven through twelve.
   5.  Removal from participation.  If a student’s coach, contest official, or licensed health care provider observes signs, symptoms, or behaviors consistent with a concussion or brain injury in an extracurricular interscholastic activity, the student shall be immediately removed from participation.
   6.  Return-to-play protocols.  The Iowa high school athletic association and the Iowa girls high school athletic union shall work together to develop a return-to-play protocol, based on peer-reviewed scientific evidence consistent with the guidelines of the centers for disease control and prevention of the United States department of health and human services, for a student’s return to participation in an extracurricular interscholastic activity after showing signs, symptoms, or behaviors consistent with a concussion or brain injury. The board of directors of each school district and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades seven through twelve shall adopt such protocols. 
   7.  Protective gear.  For school budget years beginning on or after July 1, 2017, the board of directors of each school district and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades seven through twelve shall provide students participating in such contests with any protective gear, including but not limited to helmets and pads required for the activity by law, by the rules for such contests, or by Iowa high school athletic association or Iowa girls high school athletic union guidelines. However, an individual student is responsible for other protective gear that the individual student needs but that is not required for participation in the contest as provided in this subsection.
   8.  Use of general fund.
   a.  For school budget years beginning on or after July 1, 2017, the board of directors of a school district, by board resolution, may transfer from the school district’s general fund to the student activity fund an amount necessary for any of the following:
   (1)  To purchase protective gear required by subsection 7.
   (2)  To employ or engage a licensed health care provider to provide preventative and other medical services for students during participation in any extracurricular interscholastic activity.
   b.  The board of directors shall consider all available cost-neutral options to pay for the activities described in subsection 1, including but not limited to volunteers, in-kind or other free services, and sponsorship by third parties.
    Sec. 5.  APPLICABILITY PROVISIONS.  A person required to complete training pursuant to section 280.13C, subsection 3, as enacted by this division of this Act, has until July 1, 2018, to initially complete such training.
    Sec. 6.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this division of this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this division of this Act by and enforcement of this division of this Act against all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Division I of this bill provides that an applicant for a coaching authorization or coaching endorsement issued by the board of educational examiners and a person employed by a school district as a coach must possess a valid certificate of completion of a nationally recognized course in cardiopulmonary resuscitation and use of an automated external defibrillator.
   A person who possesses a valid teaching license with a coaching endorsement or a coaching authorization issued by the board prior to July 1, 2017, shall have until July 1, 2018, to meet the requirements of the bill.
   Division II of the bill strikes current Code section 280.13C relating to concussion and brain injury policies and creates new Code section 280.13C relating to the same subject.
   The division requires the Iowa high school athletic association (IHSAA) and the Iowa girls high school athletic union (IGHSAU) to work together to develop training materials and courses regarding concussions and brain injuries. The division requires each coach or contest official to complete such training at least every two years. The division requires individuals required to complete training to submit proof of such completion to the school board or authorities in charge of the accredited nonpublic school within 30 days of such completion. The division provides that a person required to complete such training has until July 1, 2018, to initially complete the training.
   The division requires the IHSAA and the IGHSAU to work together to distribute the centers for disease control and prevention guidelines and other pertinent information to inform and educate coaches, students, and the parents and guardians of students of the risks, signs, symptoms, and behaviors consistent with a concussion or brain injury. The division requires each school district and nonpublic school to annually provide to the parent or guardian of each student a concussion and brain injury information sheet, as provided by the IHSAA and the IGHSAU. The division requires the student and the student’s parent or guardian to sign and return the information sheet to the student’s school prior to the student’s participation in any extracurricular interscholastic activity for grades 7 through 12.
   The division requires that a student be immediately removed from participation in an extracurricular interscholastic activity if the student’s coach, contest official, or licensed health care provider observes signs, symptoms, or behaviors consistent with a concussion or brain injury.
   The division requires the IHSAA and the IGHSAU to work together to develop a return-to-play protocol for a student’s return to participation in an extracurricular interscholastic activity after showing signs, symptoms, or behaviors consistent with a concussion or brain injury. The division requires the school board and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades 7 through 12 to adopt such protocols.
   The division requires the school board and the authorities in charge of each accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades 7 through 12, for school budget years beginning July 1, 2017, to provide students participating in such contests with any protective gear required for the activity by law, by the rules for such contests, or by IHSAA or IGHSAU guidelines. The division provides that an individual student is responsible for other protective gear that the individual student needs but that is not required for participation in the contest as provided in the division.
   The division permits a school board, by board resolution, to transfer funds from the school district’s general fund to the student activity fund for certain activities specified in the division. The division requires the school board to consider all available cost-neutral options to pay for such activities.
   The division provides legislative findings.
   The division may include a state mandate as defined in Code section 25B.3. The division requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the division.