H.F. 795 Section 1. NEW SECTION . 280.13D Seizure action plan and 1 training requirements. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Individual health plan” means the confidential, written, 5 preplanned, and ongoing special health service developed for a 6 student who requires such service to be incorporated with the 7 student’s educational program. 8 b. “School personnel” means principals, guidance counselors, 9 teachers, and other relevant employees who have direct contact 10 with and supervise children, including school bus drivers and 11 paraeducators. 12 c. “Seizure action plan” means a written set of instructions 13 designed to direct caregivers and staff to intervene in the 14 event of a seizure occurrence and is considered a plan for 15 emergencies as a part of an individual health plan. 16 2. a. Commencing with the school year beginning July 1, 17 2022, the board of directors of each school district and the 18 authorities in charge of each nonpublic school shall have 19 at least one school employee at each school who has met the 20 training requirements necessary to administer or assist with 21 the self-administration of all of the following: 22 (1) A seizure rescue medication or medication prescribed 23 to treat seizure disorder symptoms as approved by the United 24 States food and drug administration. 25 (2) A manual dose of prescribed electrical stimulation 26 using a vagus nerve stimulator magnet as approved by the United 27 States food and drug administration. 28 b. The presence of a registered nurse employed full-time 29 by a school district or nonpublic school who assumes 30 responsibility for the administration of seizure medications, 31 and the administration oversight of vagus nerve stimulation, 32 fulfills the requirements of paragraph “a” . This section shall 33 not be construed to require school personnel, other than a 34 registered nurse, to administer a suppository to a student. 35 -1- LSB 1726HV (3) 89 kh/jh 1/ 7

H.F. 795 3. Every school attendance center shall provide training 1 to all school personnel on the recognition of the signs and 2 symptoms of seizures and the appropriate steps for seizure 3 first aid. 4 4. Any training programs or guidelines adopted by any state 5 agency for the training of school personnel in the health care 6 needs of students diagnosed with a seizure disorder shall 7 be fully consistent with training programs and guidelines 8 developed by the epilepsy foundation of America and any 9 successor organization. 10 5. Each school district shall require school personnel or 11 volunteers responsible for the supervision or care of students 12 to undergo approved seizure recognition and first aid training 13 on a biennial basis. 14 6. Nothing in this section shall be construed to limit the 15 authority of a school district or the department of education 16 to require additional seizure disorder training. 17 7. a. Prior to school personnel administering a seizure 18 rescue medication or medication prescribed to treat a student’s 19 seizure disorder symptoms, the student’s parent or guardian 20 shall provide the school with a signed and dated written 21 authorization requesting medication administration at school 22 that meets the requirements of the school’s medication 23 administration policy and procedures established in accordance 24 with 281 IAC 14.1. 25 b. The parent or guardian of each student diagnosed with 26 a seizure disorder may collaborate with licensed health care 27 professionals, including the school nurse or education team, 28 in the development of an individual health plan, and a seizure 29 action plan if appropriate, consistent with rules adopted by 30 the state board of education. The individual health plan or 31 seizure action plan, based on the student’s needs, may include 32 but is not limited to assessment, nursing diagnosis, outcomes, 33 planning, interventions, student goals if applicable, and a 34 plan for emergencies to provide direction in managing the 35 -2- LSB 1726HV (3) 89 kh/jh 2/ 7

H.F. 795 student’s health needs. The plan shall be updated consistent 1 with timelines for individual health plans and with rules 2 adopted by the state board of education. Personal information 3 in the plan regarding the student shall be kept confidential 4 as required under the federal Family Educational Rights and 5 Privacy Act, 20 U.S.C. §1232g. 6 c. Each school district and nonpublic school attendance 7 center shall keep the written authorization, individual health 8 plan, and seizure action plan on file in the office of the 9 school nurse or school administrator. 10 8. Each school district and nonpublic school attendance 11 center shall distribute information regarding the seizure 12 action plan to any school personnel or volunteers responsible 13 for the supervision or care of the student. 14 9. The authorization for the administration to administer 15 medication provided in accordance with subsection 7, paragraph 16 “a” , subparagraph (1), shall be effective for the school year 17 in which the authorization is granted and must be renewed each 18 following school year. 19 10. The requirements of subsections 7, 8, and 9 shall apply 20 only to school district and nonpublic school attendance centers 21 that have a student enrolled who has a known epilepsy diagnosis 22 or seizure disorder or has a seizure rescue medication or 23 medication prescribed to treat seizure disorder symptoms 24 approved by the United States food and drug administration 25 prescribed by the student’s health care provider. 26 11. Every school district attendance center may provide an 27 age-appropriate seizure education program to all students on 28 seizures and seizure disorders. The seizure education program 29 shall be consistent with guidelines published by the epilepsy 30 foundation of America and any successor organization. The 31 state board of education shall adopt rules pursuant to chapter 32 17A for implementation of this section. 33 12. A school district or nonpublic school, school district 34 or nonpublic school employee, or school district or nonpublic 35 -3- LSB 1726HV (3) 89 kh/jh 3/ 7

H.F. 795 school agent acting in good faith and in compliance with the 1 student’s individual health plan and the instructions of the 2 student’s licensed health care professional, and who provides 3 assistance or services under this section, shall not be 4 liable for any claim for injuries or damages arising from the 5 provision of services provided under this section to students 6 with epilepsy or seizure disorders. 7 13. The department of education shall develop and implement 8 a seizure education program statewide. 9 Sec. 2. DEPARTMENT OF EDUCATION —— SCHOOL DISTRICT 10 HEALTH-RELATED TRAINING REQUIREMENTS TASK FORCE. 11 1. The department of education, in collaboration with the 12 department of public health, shall convene a school district 13 health-related training requirements task force to review 14 health-related training requirements established in the Code 15 and the administrative code, with which school districts must 16 comply. The task force shall review the current requirements 17 to determine whether the current training requirements are 18 appropriate, identify the classifications of school personnel 19 for whom such training is warranted, develop timelines for 20 frequency of such training and training updates for the 21 classifications of school personnel, and propose modification 22 or elimination of requirements that are outdated. The task 23 force shall develop a uniform training framework that school 24 districts may follow to provide health-related training in the 25 most efficient and effective manner. 26 2. Voting members of the task force shall include persons 27 deemed appropriate by the department of education, in 28 collaboration with the department of public health. 29 3. The department of education and the department of 30 public health shall work cooperatively to provide staffing and 31 administrative support to the task force. 32 4. The task force shall submit its uniform training 33 framework, findings, and recommendations to the general 34 assembly by December 30, 2021. 35 -4- LSB 1726HV (3) 89 kh/jh 4/ 7

H.F. 795 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill requires school districts and accredited 4 nonpublic schools that have a student enrolled who has a 5 known epilepsy diagnosis or seizure disorder or has a seizure 6 rescue medication or medication prescribed to treat seizure 7 disorder symptoms to have an individual health plan, including 8 a seizure action plan if appropriate, requires school districts 9 and accredited nonpublic schools to provide certain training 10 relating to seizures to relevant school employees, requires 11 the state board of education to adopt rules for implementation 12 of new Code section 280.13D, and requires the department of 13 education to develop and implement a seizure education program 14 statewide. 15 The bill requires school districts and accredited nonpublic 16 schools to have at least one school employee at each school 17 who has met the training requirements for administering 18 medications and vagus nerve stimulation. The presence of a 19 full-time registered nurse who assumes responsibility for 20 the administration of seizure medications and vagus nerve 21 stimulation meets this requirement. However, school personnel, 22 other than a registered nurse, are not required to administer a 23 suppository to a student. 24 The bill includes definitions and requirements relating to 25 the development of individual health plans and seizure action 26 plans. 27 Every school attendance center shall provide training to 28 school personnel or volunteers responsible for the supervision 29 or care of students. The training must be fully consistent 30 with programs and guidelines developed by the epilepsy 31 foundation of America. 32 Further, each school district must require all school 33 personnel to undergo approved seizure recognition and first aid 34 training on a biennial basis. The new Code section shall not 35 -5- LSB 1726HV (3) 89 kh/jh 5/ 7

H.F. 795 be construed to limit the authority of a school district or the 1 department to require additional seizure disorder training. 2 Prior to administering medication prescribed to treat a 3 student’s seizure disorder symptoms, the student’s parent or 4 guardian must provide the school with a written authorization 5 to administer the medication at school. 6 The parent or guardian of a student diagnosed with a 7 seizure disorder may collaborate with licensed health care 8 professionals, including the school nurse or education team, 9 in the development of an individual health plan, and a seizure 10 action plan if appropriate, consistent with the state board’s 11 rules. The individual health plan or seizure plan, based 12 on the student’s needs, may include assessment, nursing 13 diagnosis, outcomes, planning, interventions, student goals, if 14 applicable, and a plan for emergencies to provide direction in 15 managing the student’s health needs. The plan must be updated 16 consistent with individual health plan timelines and state 17 board of education rules. 18 Each school shall keep the parent’s written authorization 19 requesting medication administration at school, the individual 20 health plan, and the seizure action plan on file in the office 21 of the school nurse or school administrator, and distribute 22 information regarding the seizure action to any school 23 personnel or volunteers responsible for the student. The 24 health plan information is confidential under federal law. 25 Provisions relating to the administration of medication 26 prescribed to treat a specific student’s seizure disorder 27 symptoms, and to distribution of information about a specific 28 student’s seizure action plan to persons responsible for the 29 supervision or care of the student apply only to schools that 30 have a student enrolled who has a known epilepsy diagnosis 31 or seizure disorder or has a seizure rescue medication or 32 medication prescribed to treat seizure disorder symptoms. 33 Every school district may provide an age-appropriate seizure 34 education program to all students on seizures and seizure 35 -6- LSB 1726HV (3) 89 kh/jh 6/ 7

H.F. 795 disorders. 1 A school district, school district employee, or agent 2 who acts in good faith to provide assistance or services in 3 compliance with the student’s individual health plan and the 4 instructions of the student’s licensed health care professional 5 shall not be liable for any claim for injuries or damages 6 arising from the provision of such services to students with 7 epilepsy or seizure disorders. 8 The bill directs the department of education, in 9 collaboration with the department of public health, to 10 convene a school district health-related training requirements 11 task force to review health-related training requirements 12 established in the Code and the Iowa administrative code, with 13 which school districts must comply. 14 Voting members of the task force shall include persons 15 deemed appropriate by the department of education, in 16 collaboration with the department of public health. The 17 departments shall work cooperatively to provide staffing and 18 administrative support to the task force. 19 The task force shall submit its uniform training framework, 20 findings, and recommendations to the general assembly by 21 December 30, 2021. 22 -7- LSB 1726HV (3) 89 kh/jh 7/ 7