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November 13, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, D.C. 20004
Dear Secretary Smith:
Today, along with Chairman Phil Mendelson and Councilmembers Brianne K. Nadeau, Brooke
Pinto, Matthew Frumin, Janeese Lewis George, Trayon White, Sr., and Anita Bonds, we are
introducing the “Seizure-Safe Schools Amendment Act of 2023”. Please find enclosed a signed
copy of the legislation.
Epilepsy is a disease or disorder of the brain which causes reoccurring seizures. There are many
different types of seizures and varying levels of seizure control. Some seizures can look like
staring spells while other seizures can cause a person to collapse, stiffen or shake, and become
unaware of what’s going on around them. According to the Centers for Disease Control and
Prevention (“CDC”), approximately 1 in 26 people will develop epilepsy at some point in their
lifetime.
While epilepsy can affect people of all ages, children and older adults are more likely to have it.
In the District, there are approximately 800 children and teens living with epilepsies. Compared
with students with other health concerns, a CDC study shows that students aged 6-17 years with
epilepsy were more likely to miss 11 or more days of school in the past year. Furthermore,
students with epilepsy were more likely to experience difficulties in school, use special education
services, and have activity limitations such as less participation in sports or clubs compared with
students with other medical conditions.
For those students with epilepsy, managing epilepsy at school is important to ensure that these
students are guaranteed safe and supportive learning environments and have access to
necessary care and medication in school settings. The Epilepsy Foundation has launched a
nationwide push to pass legislation with that goal in mind. Additionally, the State Board of
Education passed a resolution on June 21, 2023 urging the Council to develop and pass legislation
that will incorporate tools, training, and resources recommended by the Epilepsy Foundation to prepare educators for seizures that may occur in their classrooms. This legislation, which 23 other
jurisdictions across the country have enacted, would:
• Require at least two teachers or administrators at DCPS, public charter, and private
schools be trained in seizure recognition and administering emergency seizure
medication;
• Ensure students with epilepsy and other seizure disorders have individualized Seizure
Action Plans included in their school files, and that the plans are available to personnel
responsible for the students;
• Require schools to provide training every two years to staff on the recognition of the
signs and symptoms of seizures and the appropriate steps for seizure first aid;
• Require schools to provide age-appropriate epilepsy and seizure awareness education
for all students; and
• Ensure protection from liability for school employees who are tasked with providing
emergency seizure first aid to students under the legislation.
Sincerely,
Councilmember Charles Allen, Ward 6 Councilmember Robert C. White, Jr. 1
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Chairman Phil Mendelson Councilmember Charles Allen 2
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Councilmember Robert C. White, Jr. Councilmember Brianne K. Nadeau 6
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Councilmember Brooke Pinto Councilmember Matthew Frumin 10
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Councilmember Janeese Lewis George Councilmember Trayon White, Sr. 14
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Councilmember Anita Bonds 18
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A BILL 20
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 25
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To amend the Student Access to Treatment Act of 2007 to require the creation of a seizure action 30
plan that is to be made part of the student’s file and made available for school personnel 31
and volunteers responsible for the student, to require that schools have designated 32
personnel who have completed a seizure recognition and first-aid response training, and 33
to educate and train students, school personnel, and volunteers about epilepsy and first-34
aid response. 35
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 37
act may be cited as the “Seizure Safe Schools Amendment Act of 2023”. 38
Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C. 39
Law 17-107; D.C. Official Code § 38-651.01 et seq.), is amended as follows: 40
(a)Section 2 (D.C. Official Code § 38-651.01) is amended by adding a new paragraph41
(4A) to read as follows: 42
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“(4A) “Seizure action plan” means a written, individualized health plan designed 43
to acknowledge and prepare for the health care needs of a student diagnosed with a seizure 44
disorder”. 45
(b) A new section 4a is added to read as follows: 46
“Sec. 4a. Seizure action plan and training requirements. 47
“(a) The responsible person shall submit a seizure action plan to the school for each 48
student diagnosed with a seizure disorder. 49
“(b) A valid seizure action plan shall include: 50
“(1) A written statement or authorization, signed by the student’s health care 51
provider, that states: 52
“(A) The name of the student; 53
“(B) Emergency contact information for the responsible person, or, if the 54
student is 18 years of age or older, another adult suitable to serve as an emergency contact; 55
“(C) Contact information for the health care provider; 56
“(D) The name, purpose, and prescribed dosage of the seizure medications 57
prescribed to the student; 58
“(E) The route of administration for the seizure medication; 59
“(F) The frequency that the seizure medication is to be administered; 60
“(G) The symptoms necessitating administration of the seizure 61
medication; and 62
“(H) In the case of self-administered seizure medication, confirmation that 63
the student has been instructed in the proper technique of self-administration of the seizure 64
medication and has demonstrated the ability to self-administer the seizure medication effectively; 65
“(2) Written authorization, signed by the responsible person, that states: 66
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“(A) A trained employee or agent of the school may administer seizure 67
medication to the student in accordance with the student’s seizure action plan; 68
“(B) In the case of self-administration, the student may possess and self-69
administer the seizure medication in accordance with the student’s seizure action plan; and 70
“(C) The name of the student and their seizure action plan may be 71
distributed to school staff or volunteers who may encounter the student during their time at 72
school; and 73
“(3) Written acknowledgment that the District, a school, or an employee or agent 74
of a school, who has received training in the administration of seizure medication, shall be 75
immune from civil liability for the good-faith performance of responsibilities under this 76
subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross 77
negligence, or wanton or willful misconduct. 78
“(c)(1) Beginning on January 1, 2025, each school in the District shall have at least 2 79
employees who have met the training requirements described in subsection (d) of this section. 80
“(2) The presence of a registered nurse employed full-time by a school and who 81
assumes responsibility for the administration of seizure medications, and the administration 82
oversight of vagus nerve stimulation, shall fulfill the requirement in paragraph (1) of this 83
subsection. 84
“(d) For those assigned the duties under subsection (c) of this section, the training shall 85
include: 86
“(1) Instructions on administering or assisting with the self-administration of: 87
“(A) A seizure rescue medication or medication prescribed to treat seizure 88
disorder symptoms as approved by the Food and Drug Administration or any successor agency; 89
and 90
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“(B) A manual dose of prescribed electrical stimulation issuing a Vagus 91
Nerve Stimulator magnet as approved by the Food and Drug Administration or any successor 92
agency; 93
“(2) Recognition of the signs and symptoms of seizures and the appropriate steps 94
to be taken to respond to those symptoms. 95
“(e)(1) Each school shall provide training every two years to school personnel and 96
volunteers with direct contact and supervision of children on the recognition of the signs and 97
symptoms of seizures and the appropriate steps for seizure first aid. 98
“(2) The training required in paragraph (1) of this subsection shall be fully 99
consistent with training programs and guidelines by the Epilepsy Foundation of America or any 100
successor organization. 101
“(f)(1) Each school shall provide an age-appropriate seizure education program to 102
students on seizures and seizure disorders. 103
“(2) The training required in paragraph (1) of this subsection shall be fully 104
consistent with the training programs and guidelines published by the Epilepsy Foundation of 105
America or any successor organization.”. 106
Sec. 3. Fiscal impact statement. 107
The Council adopts the fiscal impact statement in the committee report as the fiscal 108
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 109
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 110
Sec. 4. Effective date. 111
This act shall take effect following approval by the Mayor (or in the event of veto by the 112
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 113
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 114
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24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 115
Columbia Register. 116