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House File 379 - IntroducedA Bill ForAn Act 1relating to school personnel training, emergency care
2planning, authorizations for assisting, and limitations of
3liability concerning students with epilepsy or a seizure
4disorder.
5BE 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 the 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 nurse” means a registered nurse holding current
10licensure recognized by the board of nursing who practices in
11the school setting to promote and protect the health of the
12school population by using knowledge from the nursing, social,
13and public health sciences.
14c. “School personnel” means principals, guidance counselors,
15teachers, and other relevant employees who have direct contact
16with and supervise children, including school bus drivers and
17paraeducators.
18d. “Seizure action plan” means a written set of instructions
19designed to direct caregivers and staff to intervene in the
20event of a seizure occurrence and is considered a plan for
21emergencies as a part of an individual health plan.
222. a. Starting with the school year beginning July 1,
232024, the board of directors of each school district and the
24authorities in charge of each accredited nonpublic school shall
25have at least one school employee at each school who has met
26the training requirements necessary to administer or assist
27with the self-administration of all of the following:
28(1) A medication approved by the United States food and
29drug administration to treat seizure disorder symptoms or
30a medication approved by the United States food and drug
31administration as a seizure rescue medication.
32(2) A manual dose of prescribed electrical stimulation
33using a vagus nerve stimulator magnet approved by the United
34States food and drug administration.
35b. The presence of a school nurse employed full-time by
-1-1a school district or accredited nonpublic school who assumes
2responsibility for the administration of seizure medications
3and the administration oversight of vagus nerve stimulation
4shall fulfill the requirements of paragraph “a”. This section
5shall not be construed to require school personnel, other than
6a school nurse, to administer a suppository to a student.
73. a. On or before December 31, 2025, each public school
8and each accredited nonpublic school shall provide training to
9all school personnel on how to recognize the signs and symptoms
10of seizures and the appropriate steps for seizure first aid.
11b. Each public school and each accredited nonpublic school
12shall require school personnel responsible for the supervision
13or care of students to undergo seizure recognition and first
14aid training on a biennial basis.
154. Any training programs or guidelines adopted by a state
16agency for the training of school personnel in the health care
17needs of students diagnosed with a seizure disorder shall be
18consistent with training programs and guidelines developed
19by the epilepsy foundation of America or any successor
20organization.
215. This section shall not be construed to limit the
22authority of a school district, an accredited nonpublic school,
23or the department of education to require additional seizure
24disorder training.
256. a. Prior to school personnel administering medication
26prescribed to treat a student’s seizure disorder symptoms, a
27school or accredited nonpublic school shall obtain a signed and
28dated authorization from the student’s parent or guardian that
29authorizes a person who meets the requirements of subsection 2
30to administer medication in accordance with the school’s policy
31and procedures.
32b. Authorizations required pursuant to paragraph “a” shall
33be effective for the school year in which the authorization is
34granted and must be renewed each school year.
357. Upon the request of a student’s parent or guardian,
-2-1a school district or accredited nonpublic school shall
2collaborate with the parent or guardian and relevant licensed
3health care professionals, including the school nurse or
4education team, in the development of an individual health
5plan, and a seizure action plan if appropriate, consistent
6with rules adopted by the state board of education. The
7individual health plan or seizure action plan shall be based
8on the student’s needs and may include but is not limited
9to assessment, nursing diagnosis, outcomes, planning,
10interventions, student goals, and a plan for emergencies to
11provide direction in managing the student’s health needs. The
12plan shall be updated consistent with timelines for individual
13health plans and with rules adopted by the state board of
14education.
158. a. Each school district and each accredited nonpublic
16school shall maintain all authorizations pursuant to subsection
176, individual health plans, and seizure action plans for
18enrolled students on file in the office of the school nurse or
19school administrator.
20b. Each school district and each accredited nonpublic
21school shall distribute information regarding a student’s
22seizure action plan to any school personnel responsible for the
23supervision or care of the student.
249. The requirements of subsections 6, 7, and 8 shall only
25apply to a school district or accredited nonpublic school that
26has either of the following:
27a. An enrolled student with a known diagnosis of epilepsy or
28seizure disorder.
29b. An enrolled student who is known to currently be taking
30medication prescribed by a health care provider as that term
31is defined in section 135.61, and approved by the United
32States food and drug administration to treat seizure disorder
33symptoms.
3410. The state board of education shall adopt rules to
35establish a seizure education program for the purpose of
-3-1providing school districts and accredited nonpublic schools an
2age-appropriate program on seizures and seizure disorders. The
3seizure education program shall be consistent with guidelines
4published by the epilepsy foundation of America or any
5successor organization, and participation in the program shall
6be optional.
711. A school district or accredited nonpublic school, an
8employee of a school district or accredited nonpublic school,
9or an agent of a school district or accredited nonpublic
10school acting in good faith and in compliance with a student’s
11individual health plan and seizure action plan shall not be
12liable for any claim for injuries or damages arising from
13actions taken to assist a student with the student’s needs
14related to epilepsy or a seizure disorder.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to school personnel training, emergency
19care planning, authorizations for assisting, and limitations
20of liability concerning students with epilepsy or a seizure
21disorder.
22The bill creates definitions for “individual health plan”,
23“school nurse”, “school personnel”, and “seizure action plan”.
24The bill requires by the start of the school year beginning
25July 1, 2024, for the board of directors of each school
26district and the authorities in charge of each accredited
27nonpublic school to have at least one school employee at each
28school who has met the training requirements necessary to
29administer or assist with the self-administration of a seizure
30rescue medication or medication prescribed to treat seizure
31disorder symptoms and approved by the United States food and
32drug administration and a manual dose of prescribed electrical
33stimulation using a vagus nerve stimulator magnet approved by
34the United States food and drug administration. The presence
35of a school nurse employed full-time by a school who assumes
-4-1responsibility for the administration of seizure medications
2and the administration oversight of vagus nerve stimulation
3fulfills such requirements. These requirements do not require
4school personnel, other than a school nurse, to administer a
5suppository to a student.
6The bill requires by December 31, 2025, each public school
7and each accredited nonpublic school to provide training to all
8school personnel on how to recognize the signs and symptoms of
9seizures and the appropriate steps for seizure first aid.
10The bill requires each public school and each accredited
11nonpublic school to have school personnel responsible for the
12supervision or care of students to undergo seizure recognition
13and first aid training on a biennial basis.
14The bill requires any training programs or guidelines
15adopted by a state agency for the training of school personnel
16in the health care needs of students diagnosed with a seizure
17disorder to be consistent with training programs and guidelines
18developed by the epilepsy foundation of America or any
19successor organization.
20The bill authorizes schools and the department of education
21to require additional seizure disorder training.
22The bill requires, prior to school personnel administering
23medication prescribed to treat a student’s seizure disorder
24symptoms, a school, or accredited nonpublic school to obtain
25signed and dated authorization from the student’s parent or
26guardian that authorizes a person trained to administer or
27assist with the self-administration of a medication approved by
28the United States food and drug administration to treat seizure
29disorder symptoms and a manual dose of prescribed electrical
30stimulation using a vagus nerve stimulator magnet approved by
31the United States food and drug administration in accordance
32with the school’s policy and procedures. Such authorizations
33are effective for the school year in which the authorization is
34granted and must be renewed each school year.
35The bill requires, upon the request of a student’s parent or
-5-1guardian, a school to collaborate with the parent or guardian
2and relevant licensed health care professionals, including
3the school nurse or education team, in the development of
4an individual health plan, and a seizure action plan if
5appropriate, consistent with rules adopted by the state
6board of education. The individual health plan or seizure
7action plan must be based on the student’s needs and may
8include but is not limited to assessment, nursing diagnosis,
9outcomes, planning, interventions, student goals, and a plan
10for emergencies to provide direction in managing the student’s
11health needs. The plan must be updated consistent with
12timelines for individual health plans and with rules adopted by
13the state board of education.
14The bill requires each school to maintain all authorizations
15to allow seizure assistance, individual health plans, and
16seizure action plans for enrolled students on file in the
17office of the school nurse or school administrator.
18The bill requires each school to distribute information
19regarding a student’s seizure action plan to any school
20personnel responsible for the supervision or care of the
21student.
22The bill limits the requirements relating to authorizations,
23individual health plans, and seizure action plans for students
24to schools that either have an enrolled student with a known
25diagnosis of epilepsy or seizure disorder or an enrolled
26student who is known to currently be taking medication
27prescribed by a health care provider and approved by the United
28States food and drug administration to treat seizure disorder
29symptoms.
30The bill directs the state board of education to adopt rules
31to establish a seizure education program for the purpose of
32providing school districts and accredited nonpublic schools an
33age-appropriate program on seizures and seizure disorders. The
34seizure education program shall be consistent with guidelines
35published by the epilepsy foundation of America or any
-6-1successor organization, and participation in the program shall
2be optional.
3The bill makes a school, a school employee, or an agent of a
4school acting in good faith and in compliance with a student’s
5individual health plan and seizure action plan immune from
6liability for any claim for injuries or damages arising from
7actions taken to assist a student with the student’s needs
8related to epilepsy or a seizure disorder.
-7-dg/jh
2planning, authorizations for assisting, and limitations of
3liability concerning students with epilepsy or a seizure
4disorder.
5BE 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 the 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 nurse” means a registered nurse holding current
10licensure recognized by the board of nursing who practices in
11the school setting to promote and protect the health of the
12school population by using knowledge from the nursing, social,
13and public health sciences.
14c. “School personnel” means principals, guidance counselors,
15teachers, and other relevant employees who have direct contact
16with and supervise children, including school bus drivers and
17paraeducators.
18d. “Seizure action plan” means a written set of instructions
19designed to direct caregivers and staff to intervene in the
20event of a seizure occurrence and is considered a plan for
21emergencies as a part of an individual health plan.
222. a. Starting with the school year beginning July 1,
232024, the board of directors of each school district and the
24authorities in charge of each accredited nonpublic school shall
25have at least one school employee at each school who has met
26the training requirements necessary to administer or assist
27with the self-administration of all of the following:
28(1) A medication approved by the United States food and
29drug administration to treat seizure disorder symptoms or
30a medication approved by the United States food and drug
31administration as a seizure rescue medication.
32(2) A manual dose of prescribed electrical stimulation
33using a vagus nerve stimulator magnet approved by the United
34States food and drug administration.
35b. The presence of a school nurse employed full-time by
-1-1a school district or accredited nonpublic school who assumes
2responsibility for the administration of seizure medications
3and the administration oversight of vagus nerve stimulation
4shall fulfill the requirements of paragraph “a”. This section
5shall not be construed to require school personnel, other than
6a school nurse, to administer a suppository to a student.
73. a. On or before December 31, 2025, each public school
8and each accredited nonpublic school shall provide training to
9all school personnel on how to recognize the signs and symptoms
10of seizures and the appropriate steps for seizure first aid.
11b. Each public school and each accredited nonpublic school
12shall require school personnel responsible for the supervision
13or care of students to undergo seizure recognition and first
14aid training on a biennial basis.
154. Any training programs or guidelines adopted by a state
16agency for the training of school personnel in the health care
17needs of students diagnosed with a seizure disorder shall be
18consistent with training programs and guidelines developed
19by the epilepsy foundation of America or any successor
20organization.
215. This section shall not be construed to limit the
22authority of a school district, an accredited nonpublic school,
23or the department of education to require additional seizure
24disorder training.
256. a. Prior to school personnel administering medication
26prescribed to treat a student’s seizure disorder symptoms, a
27school or accredited nonpublic school shall obtain a signed and
28dated authorization from the student’s parent or guardian that
29authorizes a person who meets the requirements of subsection 2
30to administer medication in accordance with the school’s policy
31and procedures.
32b. Authorizations required pursuant to paragraph “a” shall
33be effective for the school year in which the authorization is
34granted and must be renewed each school year.
357. Upon the request of a student’s parent or guardian,
-2-1a school district or accredited nonpublic school shall
2collaborate with the parent or guardian and relevant licensed
3health care professionals, including the school nurse or
4education team, in the development of an individual health
5plan, and a seizure action plan if appropriate, consistent
6with rules adopted by the state board of education. The
7individual health plan or seizure action plan shall be based
8on the student’s needs and may include but is not limited
9to assessment, nursing diagnosis, outcomes, planning,
10interventions, student goals, and a plan for emergencies to
11provide direction in managing the student’s health needs. The
12plan shall be updated consistent with timelines for individual
13health plans and with rules adopted by the state board of
14education.
158. a. Each school district and each accredited nonpublic
16school shall maintain all authorizations pursuant to subsection
176, individual health plans, and seizure action plans for
18enrolled students on file in the office of the school nurse or
19school administrator.
20b. Each school district and each accredited nonpublic
21school shall distribute information regarding a student’s
22seizure action plan to any school personnel responsible for the
23supervision or care of the student.
249. The requirements of subsections 6, 7, and 8 shall only
25apply to a school district or accredited nonpublic school that
26has either of the following:
27a. An enrolled student with a known diagnosis of epilepsy or
28seizure disorder.
29b. An enrolled student who is known to currently be taking
30medication prescribed by a health care provider as that term
31is defined in section 135.61, and approved by the United
32States food and drug administration to treat seizure disorder
33symptoms.
3410. The state board of education shall adopt rules to
35establish a seizure education program for the purpose of
-3-1providing school districts and accredited nonpublic schools an
2age-appropriate program on seizures and seizure disorders. The
3seizure education program shall be consistent with guidelines
4published by the epilepsy foundation of America or any
5successor organization, and participation in the program shall
6be optional.
711. A school district or accredited nonpublic school, an
8employee of a school district or accredited nonpublic school,
9or an agent of a school district or accredited nonpublic
10school acting in good faith and in compliance with a student’s
11individual health plan and seizure action plan shall not be
12liable for any claim for injuries or damages arising from
13actions taken to assist a student with the student’s needs
14related to epilepsy or a seizure disorder.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to school personnel training, emergency
19care planning, authorizations for assisting, and limitations
20of liability concerning students with epilepsy or a seizure
21disorder.
22The bill creates definitions for “individual health plan”,
23“school nurse”, “school personnel”, and “seizure action plan”.
24The bill requires by the start of the school year beginning
25July 1, 2024, for the board of directors of each school
26district and the authorities in charge of each accredited
27nonpublic school to have at least one school employee at each
28school who has met the training requirements necessary to
29administer or assist with the self-administration of a seizure
30rescue medication or medication prescribed to treat seizure
31disorder symptoms and approved by the United States food and
32drug administration and a manual dose of prescribed electrical
33stimulation using a vagus nerve stimulator magnet approved by
34the United States food and drug administration. The presence
35of a school nurse employed full-time by a school who assumes
-4-1responsibility for the administration of seizure medications
2and the administration oversight of vagus nerve stimulation
3fulfills such requirements. These requirements do not require
4school personnel, other than a school nurse, to administer a
5suppository to a student.
6The bill requires by December 31, 2025, each public school
7and each accredited nonpublic school to provide training to all
8school personnel on how to recognize the signs and symptoms of
9seizures and the appropriate steps for seizure first aid.
10The bill requires each public school and each accredited
11nonpublic school to have school personnel responsible for the
12supervision or care of students to undergo seizure recognition
13and first aid training on a biennial basis.
14The bill requires any training programs or guidelines
15adopted by a state agency for the training of school personnel
16in the health care needs of students diagnosed with a seizure
17disorder to be consistent with training programs and guidelines
18developed by the epilepsy foundation of America or any
19successor organization.
20The bill authorizes schools and the department of education
21to require additional seizure disorder training.
22The bill requires, prior to school personnel administering
23medication prescribed to treat a student’s seizure disorder
24symptoms, a school, or accredited nonpublic school to obtain
25signed and dated authorization from the student’s parent or
26guardian that authorizes a person trained to administer or
27assist with the self-administration of a medication approved by
28the United States food and drug administration to treat seizure
29disorder symptoms and a manual dose of prescribed electrical
30stimulation using a vagus nerve stimulator magnet approved by
31the United States food and drug administration in accordance
32with the school’s policy and procedures. Such authorizations
33are effective for the school year in which the authorization is
34granted and must be renewed each school year.
35The bill requires, upon the request of a student’s parent or
-5-1guardian, a school to collaborate with the parent or guardian
2and relevant licensed health care professionals, including
3the school nurse or education team, in the development of
4an individual health plan, and a seizure action plan if
5appropriate, consistent with rules adopted by the state
6board of education. The individual health plan or seizure
7action plan must be based on the student’s needs and may
8include but is not limited to assessment, nursing diagnosis,
9outcomes, planning, interventions, student goals, and a plan
10for emergencies to provide direction in managing the student’s
11health needs. The plan must be updated consistent with
12timelines for individual health plans and with rules adopted by
13the state board of education.
14The bill requires each school to maintain all authorizations
15to allow seizure assistance, individual health plans, and
16seizure action plans for enrolled students on file in the
17office of the school nurse or school administrator.
18The bill requires each school to distribute information
19regarding a student’s seizure action plan to any school
20personnel responsible for the supervision or care of the
21student.
22The bill limits the requirements relating to authorizations,
23individual health plans, and seizure action plans for students
24to schools that either have an enrolled student with a known
25diagnosis of epilepsy or seizure disorder or an enrolled
26student who is known to currently be taking medication
27prescribed by a health care provider and approved by the United
28States food and drug administration to treat seizure disorder
29symptoms.
30The bill directs the state board of education to adopt rules
31to establish a seizure education program for the purpose of
32providing school districts and accredited nonpublic schools an
33age-appropriate program on seizures and seizure disorders. The
34seizure education program shall be consistent with guidelines
35published by the epilepsy foundation of America or any
-6-1successor organization, and participation in the program shall
2be optional.
3The bill makes a school, a school employee, or an agent of a
4school acting in good faith and in compliance with a student’s
5individual health plan and seizure action plan immune from
6liability for any claim for injuries or damages arising from
7actions taken to assist a student with the student’s needs
8related to epilepsy or a seizure disorder.
-7-dg/jh