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Senate File 103 - IntroducedA Bill ForAn Act 1relating to seizure disorders and establishing certain
2requirements for school districts, accredited nonpublic
3schools, and the department of education.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 280.13D Seizure action plan and
2training requirements.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Individual health plan” means the confidential, written,
6preplanned, and ongoing special health service developed for a
7student who requires such service to be incorporated with the
8student’s educational program.
9b. “School personnel” means principals, guidance counselors,
10teachers, and other relevant employees who have direct contact
11with and supervise children, including school bus drivers and
12paraeducators.
13c. “Seizure action plan” means a written set of instructions
14designed to direct caregivers and staff to intervene in the
15event of a seizure occurrence and is considered a plan for
16emergencies as a part of an individual health plan.
172. a. Commencing with the school year beginning July 1,
182022, the board of directors of each school district and the
19authorities in charge of each nonpublic school shall have
20at least one school employee at each school who has met the
21training requirements necessary to administer or assist with
22the self-administration of all of the following:
23(1) A seizure rescue medication or medication prescribed
24to treat seizure disorder symptoms as approved by the United
25States food and drug administration.
26(2) A manual dose of prescribed electrical stimulation
27using a vagus nerve stimulator magnet as approved by the United
28States food and drug administration.
29b. The presence of a registered nurse employed full-time
30by a school district or nonpublic school who assumes
31responsibility for the administration of seizure medications,
32and the administration oversight of vagus nerve stimulation,
33fulfills the requirements of paragraph “a”.
343. Every school attendance center shall provide training
35to all school personnel on the recognition of the signs and
-1-1symptoms of seizures and the appropriate steps for seizure
2first aid.
34. Any training programs or guidelines adopted by any state
4agency for the training of school personnel in the health care
5needs of students diagnosed with a seizure disorder shall
6be fully consistent with training programs and guidelines
7developed by the epilepsy foundation of America and any
8successor organization.
95. Each school district shall require all school personnel
10to undergo approved seizure recognition and first aid training
11on a biennial basis.
126. Nothing in this section shall be construed to limit the
13authority of a school district or the department of education
14to require additional seizure disorder training.
157. a. Prior to school personnel administering a seizure
16rescue medication or medication prescribed to treat a student’s
17seizure disorder symptoms, the student’s parent or guardian
18shall provide the school with a signed and dated written
19authorization requesting medication administration at school
20that meets the requirements of the school’s medication
21administration policy and procedures established in accordance
22with 281 IAC 14.1.
23b. The parent or guardian of each student diagnosed with
24a seizure disorder may collaborate with licensed health
25personnel, including the school nurse or individualized
26education program team, to create an individual health plan,
27and a seizure action plan if appropriate, consistent with rules
28adopted by the state board of education. The individual health
29plan shall include assessment, nursing diagnosis, outcomes,
30planning, interventions, student goals, if applicable, and
31a plan for emergencies to provide direction in managing the
32student’s health needs. The plan shall be updated as needed
33and at least annually. Personal information in the plan
34regarding the student shall be kept confidential as required
35under the federal Family Educational Rights and Privacy Act,
-2-120 U.S.C.§1232g.
2c. Each school district and nonpublic school attendance
3center shall keep the written authorization, individual health
4plan, and seizure action plan on file in the office of the
5school nurse or school administrator.
68. Each school district and nonpublic school attendance
7center shall distribute information regarding the seizure
8action plan to any school personnel or volunteers responsible
9for the supervision or care of the student.
109. The authorization for the administration to administer
11medication provided in accordance with subsection 7, paragraph
12“a”, subparagraph (1), shall be effective for the school year
13in which the authorization is granted and must be renewed each
14following school year.
1510. The requirements of subsections 7, 8, and 9 shall apply
16only to school district and nonpublic school attendance centers
17that have a student enrolled who has a known epilepsy diagnosis
18or seizure disorder or has a seizure rescue medication or
19medication prescribed to treat seizure disorder symptoms
20approved by the United States food and drug administration
21prescribed by the student’s health care provider.
2211. Every school district attendance center may provide an
23age-appropriate seizure education program to all students on
24seizures and seizure disorders. The seizure education program
25shall be consistent with guidelines published by the epilepsy
26foundation of America and any successor organization. The
27state board of education shall adopt rules pursuant to chapter
2817A for implementation of this section.
2912. A school district or nonpublic school, school district
30or nonpublic school employee, or school district or nonpublic
31school agent acting in good faith and in compliance with the
32student’s individual health plan and the instructions of the
33student’s licensed health care professional, and who provides
34assistance or services under this section, shall not be
35liable for any claim for injuries or damages arising from the
-3-1provision of services provided under this section to students
2with epilepsy or seizure disorders.
313. The department of education shall develop and implement
4a seizure education program statewide.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill requires school districts and accredited
9nonpublic schools that have a student enrolled who has a
10known epilepsy diagnosis or seizure disorder or has a seizure
11rescue medication or medication prescribed to treat seizure
12disorder symptoms to have an individual health plan, including
13a seizure action plan if appropriate, requires school districts
14and accredited nonpublic schools to provide certain training
15relating to seizures to relevant school employees, requires
16the state board of education to adopt rules for implementation
17of new Code section 280.13D, and requires the department of
18education to develop and implement a seizure education program
19statewide.
20The bill requires school districts and accredited nonpublic
21schools to have at least one school employee at each school
22who has met the training requirements for administering
23medications and vagus nerve stimulation. The presence of a
24full-time registered nurse who assumes responsibility for
25the administration of seizure medications and vagus nerve
26stimulation meets this requirement.
27The bill includes definitions and requirements relating to
28the development of individual health plans and seizure action
29plans.
30Every school attendance center shall provide training to all
31school personnel who have direct contact with and supervise
32children. The training must be fully consistent with programs
33and guidelines developed by the epilepsy foundation of America.
34Further, each school district must require all school
35personnel to undergo approved seizure recognition and first aid
-4-1training on a biennial basis. The new Code section shall not
2be construed to limit the authority of a school district or the
3department to require additional seizure disorder training.
4Prior to administering medication prescribed to treat a
5student’s seizure disorder symptoms, the student’s parent or
6guardian must provide the school with a written authorization
7to administer the medication at school.
8The parent or guardian of a student diagnosed with a seizure
9disorder may collaborate with licensed health personnel to
10create an individual health plan, and a seizure action plan
11if appropriate, consistent with the state board’s rules. The
12individual health plan shall include assessment, nursing
13diagnosis, outcomes, planning, interventions, student goals, if
14applicable, and a plan for emergencies to provide direction in
15managing the student’s health needs. The plan must be updated
16as needed and at least annually.
17Each school shall keep the parent’s written authorization
18requesting medication administration at school, the individual
19health plan, and the seizure action plan on file in the office
20of the school nurse or school administrator, and distribute
21information regarding the seizure action to any school
22personnel or volunteers responsible for the student. The
23health plan information is confidential under federal law.
24Provisions relating to the administration of medication
25prescribed to treat a specific student’s seizure disorder
26symptoms, and to distribution of information about a specific
27student’s seizure action plan to persons responsible for the
28supervision or care of the student apply only to schools that
29have a student enrolled who has a known epilepsy diagnosis
30or seizure disorder or has a seizure rescue medication or
31medication prescribed to treat seizure disorder symptoms.
32Every school district may provide an age-appropriate seizure
33education program to all students on seizures and seizure
34disorders.
35A school district, school district employee, or agent
-5-1who acts in good faith to provide assistance or services in
2compliance with the student’s individual health plan and the
3instructions of the student’s licensed health care professional
4shall not be liable for any claim for injuries or damages
5arising from the provision of such services to students with
6epilepsy or seizure disorders.
-6-kh/jh
2requirements for school districts, accredited nonpublic
3schools, and the department of education.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 280.13D Seizure action plan and
2training requirements.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Individual health plan” means the confidential, written,
6preplanned, and ongoing special health service developed for a
7student who requires such service to be incorporated with the
8student’s educational program.
9b. “School personnel” means principals, guidance counselors,
10teachers, and other relevant employees who have direct contact
11with and supervise children, including school bus drivers and
12paraeducators.
13c. “Seizure action plan” means a written set of instructions
14designed to direct caregivers and staff to intervene in the
15event of a seizure occurrence and is considered a plan for
16emergencies as a part of an individual health plan.
172. a. Commencing with the school year beginning July 1,
182022, the board of directors of each school district and the
19authorities in charge of each nonpublic school shall have
20at least one school employee at each school who has met the
21training requirements necessary to administer or assist with
22the self-administration of all of the following:
23(1) A seizure rescue medication or medication prescribed
24to treat seizure disorder symptoms as approved by the United
25States food and drug administration.
26(2) A manual dose of prescribed electrical stimulation
27using a vagus nerve stimulator magnet as approved by the United
28States food and drug administration.
29b. The presence of a registered nurse employed full-time
30by a school district or nonpublic school who assumes
31responsibility for the administration of seizure medications,
32and the administration oversight of vagus nerve stimulation,
33fulfills the requirements of paragraph “a”.
343. Every school attendance center shall provide training
35to all school personnel on the recognition of the signs and
-1-1symptoms of seizures and the appropriate steps for seizure
2first aid.
34. Any training programs or guidelines adopted by any state
4agency for the training of school personnel in the health care
5needs of students diagnosed with a seizure disorder shall
6be fully consistent with training programs and guidelines
7developed by the epilepsy foundation of America and any
8successor organization.
95. Each school district shall require all school personnel
10to undergo approved seizure recognition and first aid training
11on a biennial basis.
126. Nothing in this section shall be construed to limit the
13authority of a school district or the department of education
14to require additional seizure disorder training.
157. a. Prior to school personnel administering a seizure
16rescue medication or medication prescribed to treat a student’s
17seizure disorder symptoms, the student’s parent or guardian
18shall provide the school with a signed and dated written
19authorization requesting medication administration at school
20that meets the requirements of the school’s medication
21administration policy and procedures established in accordance
22with 281 IAC 14.1.
23b. The parent or guardian of each student diagnosed with
24a seizure disorder may collaborate with licensed health
25personnel, including the school nurse or individualized
26education program team, to create an individual health plan,
27and a seizure action plan if appropriate, consistent with rules
28adopted by the state board of education. The individual health
29plan shall include assessment, nursing diagnosis, outcomes,
30planning, interventions, student goals, if applicable, and
31a plan for emergencies to provide direction in managing the
32student’s health needs. The plan shall be updated as needed
33and at least annually. Personal information in the plan
34regarding the student shall be kept confidential as required
35under the federal Family Educational Rights and Privacy Act,
-2-120 U.S.C.§1232g.
2c. Each school district and nonpublic school attendance
3center shall keep the written authorization, individual health
4plan, and seizure action plan on file in the office of the
5school nurse or school administrator.
68. Each school district and nonpublic school attendance
7center shall distribute information regarding the seizure
8action plan to any school personnel or volunteers responsible
9for the supervision or care of the student.
109. The authorization for the administration to administer
11medication provided in accordance with subsection 7, paragraph
12“a”, subparagraph (1), shall be effective for the school year
13in which the authorization is granted and must be renewed each
14following school year.
1510. The requirements of subsections 7, 8, and 9 shall apply
16only to school district and nonpublic school attendance centers
17that have a student enrolled who has a known epilepsy diagnosis
18or seizure disorder or has a seizure rescue medication or
19medication prescribed to treat seizure disorder symptoms
20approved by the United States food and drug administration
21prescribed by the student’s health care provider.
2211. Every school district attendance center may provide an
23age-appropriate seizure education program to all students on
24seizures and seizure disorders. The seizure education program
25shall be consistent with guidelines published by the epilepsy
26foundation of America and any successor organization. The
27state board of education shall adopt rules pursuant to chapter
2817A for implementation of this section.
2912. A school district or nonpublic school, school district
30or nonpublic school employee, or school district or nonpublic
31school agent acting in good faith and in compliance with the
32student’s individual health plan and the instructions of the
33student’s licensed health care professional, and who provides
34assistance or services under this section, shall not be
35liable for any claim for injuries or damages arising from the
-3-1provision of services provided under this section to students
2with epilepsy or seizure disorders.
313. The department of education shall develop and implement
4a seizure education program statewide.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill requires school districts and accredited
9nonpublic schools that have a student enrolled who has a
10known epilepsy diagnosis or seizure disorder or has a seizure
11rescue medication or medication prescribed to treat seizure
12disorder symptoms to have an individual health plan, including
13a seizure action plan if appropriate, requires school districts
14and accredited nonpublic schools to provide certain training
15relating to seizures to relevant school employees, requires
16the state board of education to adopt rules for implementation
17of new Code section 280.13D, and requires the department of
18education to develop and implement a seizure education program
19statewide.
20The bill requires school districts and accredited nonpublic
21schools to have at least one school employee at each school
22who has met the training requirements for administering
23medications and vagus nerve stimulation. The presence of a
24full-time registered nurse who assumes responsibility for
25the administration of seizure medications and vagus nerve
26stimulation meets this requirement.
27The bill includes definitions and requirements relating to
28the development of individual health plans and seizure action
29plans.
30Every school attendance center shall provide training to all
31school personnel who have direct contact with and supervise
32children. The training must be fully consistent with programs
33and guidelines developed by the epilepsy foundation of America.
34Further, each school district must require all school
35personnel to undergo approved seizure recognition and first aid
-4-1training on a biennial basis. The new Code section shall not
2be construed to limit the authority of a school district or the
3department to require additional seizure disorder training.
4Prior to administering medication prescribed to treat a
5student’s seizure disorder symptoms, the student’s parent or
6guardian must provide the school with a written authorization
7to administer the medication at school.
8The parent or guardian of a student diagnosed with a seizure
9disorder may collaborate with licensed health personnel to
10create an individual health plan, and a seizure action plan
11if appropriate, consistent with the state board’s rules. The
12individual health plan shall include assessment, nursing
13diagnosis, outcomes, planning, interventions, student goals, if
14applicable, and a plan for emergencies to provide direction in
15managing the student’s health needs. The plan must be updated
16as needed and at least annually.
17Each school shall keep the parent’s written authorization
18requesting medication administration at school, the individual
19health plan, and the seizure action plan on file in the office
20of the school nurse or school administrator, and distribute
21information regarding the seizure action to any school
22personnel or volunteers responsible for the student. The
23health plan information is confidential under federal law.
24Provisions relating to the administration of medication
25prescribed to treat a specific student’s seizure disorder
26symptoms, and to distribution of information about a specific
27student’s seizure action plan to persons responsible for the
28supervision or care of the student apply only to schools that
29have a student enrolled who has a known epilepsy diagnosis
30or seizure disorder or has a seizure rescue medication or
31medication prescribed to treat seizure disorder symptoms.
32Every school district may provide an age-appropriate seizure
33education program to all students on seizures and seizure
34disorders.
35A school district, school district employee, or agent
-5-1who acts in good faith to provide assistance or services in
2compliance with the student’s individual health plan and the
3instructions of the student’s licensed health care professional
4shall not be liable for any claim for injuries or damages
5arising from the provision of such services to students with
6epilepsy or seizure disorders.
-6-kh/jh