Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1654 Comm Sub / Analysis

Filed 03/18/2022

                      	SB 1654 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
Senate: ED DPA 7-0-1-0 | 3rd Read 24-2-4-0  
 
SB1654: schools; seizure management; treatment plans 
Sponsor: Senator Kerr, LD 13 
Committee on Education 
Overview 
Allows, beginning in the 2022-2023 school year, the parent or guardian of a student who has a 
seizure disorder to submit a copy of a seizure management and treatment plan (plan) for school 
personnel to use if the student suffers a seizure at school or at a school-sponsored activity. 
History 
Statute authorizes specified individuals, including a trained school district or charter school 
employee, to administer or assist in the administration of epinephrine auto-injectors or an inhaler 
to a pupil or adult whom the employee believes in good faith to be exhibiting symptoms of 
anaphylactic shock or respiratory distress, respectively, while at school or at school-sponsored 
activities (A.R.S. §§ 15-157, 15-158). 
Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis 
of a disability in programs or activities that receive federal financial assistance from the United 
States Department of Education (29 U.S.C. § 794). State statute defines a Section 504 plan as a 
written statement developed for a pupil with a disability that includes the provision of regular or 
special education and related aids and services that is designed to meet individual educational 
needs (A.R.S. § 15-731).  
Epilepsy is defined as a neurological condition characterized by abnormal electrical-chemical 
discharge in the brain. This discharge is manifested in various forms of physical activities referred 
to as a seizure (A.R.S. § 36-551). 
Provisions 
1. Allows, beginning in the 2022-2023 school year, the parent or guardian of a student who has 
a seizure disorder to submit a copy of a plan to the school district or charter school in which 
the student is enrolled for school personnel to use if the student suffers a seizure at school or 
while participating in a school-sponsored activity. (Sec. 1) 
2. Specifies the plan must be developed by the student's parent or guardian and the physician 
or registered nurse practitioner responsible for the student's seizure treatment. (Sec. 1) 
3. Outlines when the plan must be submitted to and reviewed by the school district or charter 
school. (Sec. 1) 
4. Details the plan must: 
a) Outline procedures recommended by the physician or registered nurse practitioner 
responsible for the student's seizure treatment to manage an active seizure; 
b) Outline other health care services available at the school that the student may receive to 
help to manage the student's seizure disorder; and 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1654 
Initials CH/MR 	Page 2 	Education 
c) Be signed by the student's parent or guardian and the physician or registered nurse 
practitioner responsible for the student's seizure treatment. (Sec. 1) 
5. Details the school staff that is responsible for reviewing each plan. (Sec. 1) 
6. States a school district or charter school complies with plan requirements if a student requires 
an education accommodation under Section 504 that includes a plan. (Sec. 1) 
7. Declares school districts, charter schools, school employees and nurses who are under 
contract are immune from civil liability with respect to all decisions and actions made that are 
based on good faith implementation of a plan. (Sec. 1) 
8. Requires a school nurse, school principal, guidance counselor, teacher, bus driver or 
classroom aide that has received a plan or whose duties include regular contact with students 
who have submitted a plan to complete an online course of instruction regarding managing or 
awareness of students with seizure disorders. (Sec. 1) 
9. Requires the online course to be approved by the State Board of Education (SBE) and include 
information about seizure recognition and related first aid. (Sec. 1) 
10. Limits the seizure management training to not more than once in a five-year period. (Sec. 1) 
11. Instructs SBE, by December 1, 2022, to approve a free online course of instruction provided 
by a nonprofit national foundation that supports the welfare of individuals with epilepsy and 
seizure disorders to satisfy the required trainings. (Sec. 1) 
12. Mandates, beginning September 1, 2023, each school to have at least one school employee 
other than a school nurse who has met the training requirements necessary to administer or 
assist with the self-administration of:  
a) A seizure rescue medication or a medication prescribed to treat seizure disorder 
symptoms as approved by the Food and Drug Administration (FDA); and  
b) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator magnet 
as approved by the FDA. (Sec. 1) 
13. Directs SBE to adopt rules as necessary. (Sec. 1)