REFERENCE TITLE: schools; seizure management; treatment plans

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SB 1146

 

Introduced by

Senator Kerr: Representatives Dunn, Osborne

 

 

AN ACT

 

amending title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-160; relating to school safety requirements.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-160, to read:

START_STATUTE15-160.  Seizure management and treatment plans; requirements; immunity; online instruction; rules

A.  Beginning in the 2020-2021 school year, the parent or guardian of a pupil who has a seizure disorder and who is enrolled in a school that is operated by a school district or a charter school in this state may seek care for the pupil's seizures while the pupil is at school or participating in a school‑sponsored activity.  The parent or guardian shall submit to the school district or charter school in which the pupil is enrolled a copy of a seizure management and treatment plan developed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment.  The plan must be submitted to and reviewed by the school district or charter school:

1.  Before or at the beginning of the school year.

2.  If the pupil enrolls in the school district or charter school after the beginning of the school year, when the pupil enrolls.

3.  As soon as practicable following a diagnosis of the pupil's seizure disorder.

B.  A seizure management and treatment plan must meet all of the following requirements:

1.  Identify the health care services the pupil may receive at school or while participating in a school‑sponsored activity.

2.  Evaluate the pupil's level of understanding of and ability to manage the pupil's seizures.

3.  Be signed by the pupil's parent or guardian and the physician responsible for the pupil's seizure treatment.

C.  School districts, charter schools, employees of school districts or charter schools and nurses who are under contract with a school district or charter school are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of a seizure management and treatment plan submitted pursuant to this section, including an action or failure to act in administering a medication, assisting with self-administration or otherwise providing for the care of a pupil under a seizure management and treatment plan submitted for the pupil under this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

D.  A school nurse who is employed by or under contract with a school district or charter school must complete an online course of instruction for school nurses regarding managing pupils with seizure disorders.  The course must be approved by the state board of education and include information about seizure recognition and related first aid.

E.  A school district or charter school employee, other than a school nurse, whose duties at the school include regular contact with pupils must complete an online course of instruction for school personnel regarding awareness of pupils with seizure disorders.  The course must be approved by the state board of education and include information about seizure recognition and related first aid.

F.  Not later than December 1, 2020, the state board of education shall approve an online course of instruction that is provided free of charge by a nonprofit national foundation and that supports the welfare of individuals with epilepsy and seizure disorders to satisfy the training required by subsections D and E of this section.

G.  The state board of education shall adopt rules as necessary to administer this section. END_STATUTE