Session of 2023
SENATE BILL No. 82
By Committee on Education
1-23
AN ACT concerning education; relating to the school sports head injury
prevention act; requiring schools to establish concussion management
teams; standards of care protocols; biennial education; amending
K.S.A. 72-7119 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-7119 is hereby amended to read as follows: 72-
7119. (a) This section shall be known and may be cited as the school sports
head injury prevention act.
(b) As used in this section:
(1) "School" means any public or accredited private high school,
middle school or junior high school."Athlete" means a student who
prepares for or participates in an extracurricular activity.
(2) "Athletic director" means an individual employed by a school
district who is responsible for administering the athletic program of a
school. "Athletic director" includes an individual who acts as an athletic
director or an assistant athletic director. If a school does not have an
athletic director, "athletic director" means the individual designated to be
responsible for administering the athletic programs of the school.
(3) "Coach" means a volunteer or employee of a school district who
is responsible for organizing and supervising athletes to teach them the
fundamental skills of an extracurricular activity. "Coach" includes head
and assistant coaches.
(4) "Concussion" means a complex pathophysiological process
affecting the brain that is caused by traumatic biomechanical forces.
(5) "Concussion management team" means an interdisciplinary team
of professionals vested in the education of an athlete when a concussion
affects the athlete's ability to learn due to either an extracurricular
activity or non-extracurricular activity health condition, including
individuals employed by a school district or volunteering at a school to
create, implement and supervise concussion management policies.
(6) "Extracurricular activity" means an organized school-sponsored
or school-sanctioned athletic activity for students, generally held outside
of school instructional hours under the direction of a coach, athletic
director or band leader, including, but not limited to: Baseball, basketball,
cheerleading, cross country, football, golf, marching band, soccer,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 SB 82 2
softball, swimming and diving, tennis, indoor and outdoor track,
volleyball and wrestling. All interscholastic activities are deemed to be
extracurricular activities.
(7) "Game official" means an individual who officiates at an
extracurricular activity, such as a referee or umpire and includes, but is
not limited to, any individual enrolled as a game official by the Kansas
state high school activities association.
(2)(8) "Health careHealthcare provider" means a person an
individual licensed by the state board of healing arts to practice medicine
and surgery.
(9) "Licensed athletic trainer" means an individual who is licensed
by the state board of healing arts as an athletic trainer under the
provisions of K.S.A. 65-6906, and amendments thereto, and whose
practice includes schools and extracurricular activities.
(10) "Licensed school counselor" means an individual who is
employed by a school district and who is licensed by the state board of
education as a school counselor.
(11) "Nurse" means an individual licensed by the board of nursing
who is practicing in a school setting as an employee of the school district
or volunteer of the school.
(12) "Parent" means a natural parent, a stepparent, a guardian or a
foster parent of a student.
(13) "Return-to-learn protocol" means an evidence-based
reintegration program consistent with the best standards of care
guidelines designed to return the athlete to school and the classroom
setting for the purpose of formal learning.
(14) "Return-to-play protocol" means an evidence-based
reintegration program consistent with the best standards of care
guidelines designed to return the athlete to extracurricular activity
practice before formal competition.
(15) "School" means any public or accredited nonpublic high school
or middle school, including home school entities.
(c) The state board of education, in cooperation with the Kansas state
high school activities association, shall compile information on the nature
and risk of concussion and head injury including the dangers and risks
associated with the continuation of playing or practicing after a person an
individual suffers a concussion or head injury. Such information shall be
provided to school districts for distribution to coaches, school athletes and
the athletes' parents or guardians of school athletes.
(1) Schools shall establish a concussion education program for
parents, athletes and school personnel to review the school policies and
procedures governing the prevention and management of concussions.
Such program shall include, but not be limited to, the prevention and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 82 3
management of concussions, dangers and risks associated with
concussions, signs and symptoms of concussions, return-to-learn and
return-to-play protocols and school policies and procedures for
concussion preventive management.
(2) Schools shall establish policies and procedures governing the
prevention and management of concussions of students. Policies and
procedures shall address concussions occurring in extracurricular
activities and may be applied to all concussions of students.
(3) Schools shall appoint a concussion management team to establish
a return-to-play protocol based on scientific evidence-based practices
consistent with the United States centers for disease control and
prevention guidelines and the Kansas state high school activities
association guidelines for the student's return to play.
(4) The school concussion management team shall establish a return-
to-learn protocol based on scientific evidence-based practices consistent
with the centers for disease control and prevention guidelines and the
Kansas state high school activities association guidelines for the student's
return to the classroom.
(5) The membership of the concussion management team shall
include to the extent possible, but shall not be limited to, the:
(A) Licensed athletic trainer, if employed or contracted by the school
district;
(B) athletic director;
(C) designated teacher;
(D) licensed school counselor;
(E) school administrator; and
(E) nurse, if any.
(6) Schools shall appoint a designee from the concussion
management team to supervise the persons responsible for compliance
with the return-to-play and return-to-learn protocols. The person who has
supervisory responsibilities shall not be a coach of an extracurricular
activity.
(7) Schools shall establish a return-to-learn protocol for any athlete
who has sustained a concussion. The return-to-learn protocol shall
recognize that a student who has sustained a concussion and returned to
school may need formal or informal accommodations, modifications of
curriculum and monitoring by medical or academic staff until the athlete
has fully recovered.
(8) An athlete may not participate in any extracurricular activity
competition or practice session until completely integrated in school
without accommodation related to a concussion.
(9) The following individuals shall complete, at least biennially, a
concussion training program approved by the state board of education and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 82 4
the Kansas state high school activities association:
(A) Coach;
(B) licensed athletic trainer;
(C) licensed school counselor;
(D) game official;
(E) nurse;
(F) athletic director; and
(G) school marching band director, whether employed by the school
district or a volunteer serving in such capacity.
(d) A schoolAn athlete may not participate in any sport
extracurricular activity competition or practice session unless such athlete
and the athlete's parent or guardian have signed, and returned to the
school, a concussion and head injury information release form. A release
form shall be signed and returned each school year that a student an athlete
participates in sport competitions an extracurricular activity competition
or practice sessions session.
(e) If a school athlete suffers, or is suspected of having suffered, a
concussion or head injury during a sport competition or practice session,
such school athlete immediately shall be removed from the sport
competition or practice session. (1) An athlete shall be removed
immediately from an extracurricular activity competition or practice
session if one of the following individuals believes that the athlete might
have sustained a concussion arising from such competition or practice
session:
(A) Coach;
(B) healthcare provider;
(C) game official;
(D) licensed athletic trainer;
(E) the athlete's parent or another person with the legal authority to
make medical decisions on the athlete's behalf;
(F) the athlete; or
(G) any other person deemed appropriate under the school's return-
to-play protocol.
(f) Any school athlete who has been removed from a sport
competition or practice session shall not return to competition or practice
until(2) The athlete shall not return to an extracurricular activity
competition or practice session until the athlete:
(A) Is evaluated by a health care healthcare provider and the health
care healthcare provider provides such athlete a written clearance to return
to play or practice. If the health care healthcare provider who provides the
clearance to return to play or practice is not an employee of the school
district, such health care healthcare provider shall not be liable for civil
damages resulting from any act or omission in the rendering of such care,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 82 5
other than acts or omissions constituting gross negligence or willful or
wanton misconduct;
(B) has successfully completed each requirement of the return-to-play
protocol established by the school, which is necessary for the athlete to
return to play; and
(C) has successfully completed each requirement of the return-to-
learn protocol established by the school necessary for the athlete to return
to learn.
(g) This section shall take effect on and after July 1, 2011.
Sec. 2. K.S.A. 72-7119 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12