HF 564 (LSB 1866YH (4) 89)

HOUSE FILE 564

BY  ABDUL-SAMAD, ANDREWS, JACOBY, MASCHER, SMITH, BROWN-POWERS, and JONES

A BILL FOR

An Act relating to student concussion and brain injury policies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 280.13C, subsection 6, paragraph b, Code 2021, is amended to read as follows:
   b.  Personnel of a school district or accredited nonpublic school with enrolled students who participate in an extracurricular interscholastic activity which is a contest in grades seven through twelve shall develop a return-to-learn plan based on guidance developed by the brain injury association of America protocols supported by guidelines of the centers for disease control and prevention of the United States department of health and human services in cooperation with a student removed from participation in an extracurricular interscholastic activity and diagnosed with a concussion or brain injury, the student’s parent or guardian, and the student’s licensed health care provider to accommodate the student as the student returns to the classroom.
    Sec. 2.  Section 280.13C, subsection 6, Code 2021, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  The department of public health, in collaboration with the department of education, shall adopt rules pursuant to chapter 17A establishing return-to-learn protocols that will allow for education personnel and the families of students diagnosed with a concussion or brain injury to collaborate with licensed health care providers to provide a process for a student to return to learn after a concussion or brain injury. Such protocols shall include peer reviewed information on the risks, signs, symptoms, and behaviors consistent with a concussion or brain injury; guidance on supporting a student at home and in nonschool activities; and general recommendations for nonacademic adjustments or accommodations. Such protocols shall also include a requirement for prompt communication to the parent or guardian of a student showing signs, symptoms, or behaviors consistent with a concussion or brain injury at school, on school grounds, or at a school activity of the process for implementing a return-to-learn plan if the student is diagnosed with a concussion or brain injury. The protocols shall prohibit a student that has been diagnosed with a concussion or brain injury from returning to a complete learning schedule without prior approval by a licensed health care provider. The department of public health shall provide the return-to-learn protocols to the board of directors of each school district and the authorities in charge of each accredited nonpublic school, which shall adopt the protocols in a timely manner.
   NEW PARAGRAPH.  d.  For school years beginning on or after July 1, 2021, the board of directors of each school district and the authorities in charge of each accredited nonpublic school shall provide the parent or guardian of each student in grades kindergarten through twelve the return-to-learn protocols as part of materials provided to parents or guardians prior to the start of the school year. Such information shall also be provided to a parent or guardian of a new student arriving after the school year has started.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that return-to-learn plans for a student removed from participation in an extracurricular interscholastic activity and diagnosed with a concussion or brain injury shall be developed for students in grades 7 through 12 based on protocols supported by guidelines of the centers for disease control and prevention of the United States department of health and human services. Under current law, such plans are developed for students in grades 7 through 12 based on guidance developed by the brain injury association of America.
   The bill requires the department of public health, in collaboration with the department of education, to adopt rules establishing return-to-learn protocols that will allow for education personnel and the families of students diagnosed with a concussion or brain injury to collaborate with licensed health care providers to provide a process for a student to return to learn after a concussion or brain injury. The bill specifies certain content for the protocols. The bill requires the department of public health to provide the protocols to the board of directors of each school district and the authorities in charge of each accredited nonpublic school, which shall adopt the protocols in a timely manner.
   For school years beginning on or after July 1, 2021, the bill requires the board of directors of each school district and the authorities in charge of each accredited nonpublic school to provide the parent or guardian of each student in grades kindergarten through 12 the protocols as part of materials provided to parents or guardians prior to the start of the school year. Such information shall also be provided to a parent or guardian of a new student arriving after the school year has started.