SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 82
As Amended by Senate Committee on
Education
Brief*
SB 82 would amend the School Sports Head Injury
Prevention Act to require schools to establish a
comprehensive concussion education program.
Under current law, if a school athlete suffers, or is
suspected of having suffered, a concussion or other head
injury during a sport competition or practice session, the
athlete must be removed from the competition or practice
until a health care provider clears the athlete to return to play
or to return to practice. The bill would require schools to
appoint a concussion management team and to establish a
concussion education program that would provide for the
policies and procedures governing the prevention and
management of concussions.
Definitions
The bill would define new terms to be used throughout
the School Sports Head Injury Prevention Act, including:
●“Activity” would mean any school activity or contest
in the fields of athletics, music, forensics,
dramatics, and any other interschool activity by
students in grades 7-12;
●“Athlete” would mean a student who prepares for
or participates in an activity;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org ●“Concussion” would mean a complex
pathophysiological process affecting the brain that
is caused by traumatic biochemical forces;
●“Concussion management team” would mean an
interdisciplinary team of professionals vested in the
education of an athlete when a concussion affects
the athlete’s ability to learn due to an activity health
condition;
●“Parent” would mean a natural parent, a
stepparent, a guardian, or a foster parent of a
student; and
●“School” would be amended to mean any public or
accredited nonpublic high school or middle school,
including home school entities.
In addition, the bill would replace the word “sport” with
“activity.” It would also replace the term “school athlete” with
the word “athlete.”
Concussion Education Program
The bill would require schools to establish a concussion
education program to allow persons to review the school’s
policies and procedures governing the prevention and
management of concussions. [Note: The policies and
procedures would address concussions that occur during
activities, but the policies and procedures could be applied to
all concussions.] Policies and procedures would include, but
not be limited to, the following:
●The prevention and management of concussions;
●Dangers and risks associated with concussions;
●Signs and symptoms of concussions; and
2- 82 ●Return-to-learn and return-to-play protocols, as
defined in the bill. [Note: The return-to-learn and
return-to-play protocols are explained in detail,
below.]
Concussion Training Program
At least biennially, the following individuals, as defined in
the bill unless otherwise noted, would be required to complete
a concussion training program that has been approved by the
State Board of Education and the Kansas State High School
Activities Association:
●Coach;
●Licensed athletic trainer;
●Licensed school counselor;
●Game official;
●Nurse;
●Athletic director;
●Licensed speech-language pathologist; and
●School marching band director, whether employed
by the school district or a volunteer.
Concussion Management Team
The bill would authorize schools to appoint a concussion
management team to establish the school’s return-to-play
and return-to-learn protocols. To the extent possible, the
concussion management team would include, but would not
be limited to, the following individuals, as defined in the bill:
●Licensed athletic trainer, if employed or contracted
by the school district;
3- 82 ●Athletic director;
●Designated teacher;
●Licensed school counselor;
●School administrator;
●Nurse;
●Licensed speech-language pathologist; and
●Any other licensed individual deemed appropriate
by the school.
A designee from the concussion management team,
other than a coach, would be required to supervise the
persons responsible for complying with the concussion
management protocols.
Return-to-learn Protocol
The bill would require schools to establish a return-to-
learn protocol based on scientific evidence-based practices
consistent with the guidelines recommended by the federal
Centers for Disease Control and Prevention and the Kansas
State High School Activities Association.
The return-to-learn protocol would be required to
recognize that a concussed student who returns to school
prior to full recovery may need academic accommodations
and monitoring by medical or academic staff. An athlete who
sustains a concussion would be required to completely
participate in school without concussion-related
accommodations prior to participating in any activity
competition or practice session.
4- 82 Return-to-play Protocol
The bill would require the school’s concussion
management team to establish a return-to-play protocol
based on scientific evidence-based practices consistent with
the guidelines recommended by the federal Centers for
Disease Control and Prevention and the Kansas State High
School Activities Association.
An athlete would be required to be removed immediately
from a competition or practice session if one of the following
individuals believes that the athlete might have sustained a
concussion:
●Coach;
●Health care provider;
●Game official;
●Licensed athletic trainer;
●The athlete;
●The athlete’s parent, or other person with the legal
authority to make medical decisions on behalf of
the athlete; or
●Any other person deemed appropriate under the
school’s return-to-play protocol.
Further, the athlete would not be able to return to
competition or practice until a health care provider evaluates
the athlete and provides the athlete with a written clearance
to return to play or to practice. In addition, the athlete would
not be able to return to play or to practice until the athlete
successfully completes:
5- 82 ●Each requirement of the school’s return-to-learn
protocol, which is necessary for the athlete to
return to learn; and
●Each requirement of the school’s return-to-play
protocol, which is necessary for the athlete to
return to play.
Background
The bill was introduced by the Senate Committee on
Education at the request of Senator Dietrich.
Senate Committee on Education
In the Senate Committee hearing on January 31, 2023,
proponent testimony was heard by representatives of the
Kansas Speech-Language-Hearing Association and the
Kansas Chapter of the American Academy of Pediatrics, and
two private citizens who work as athletic trainers. Proponents
generally testified that the bill would standardize the approach
schools use when creating policies and procedures to ensure
concussed students have an individualized plan that takes
safety and success into account.
Written-only proponent testimony was provided by
representatives of the Blue Valley School District and the
Kansas School Nurses Organization, both generally stating
that concussion protocols that include concussion
management teams help prevent concussed students from
exacerbating their injury.
Neutral testimony was provided by the Executive
Director of the Kansas Chiropractic Association, and a
representative of the Kansas Association of School Boards.
Written-only neutral testimony was provided by the Executive
Director of the Kansas Medical Society. Conferees generally
stated that the bill was too restrictive on what positions could
6- 82 comprise the concussion management team. [Note: The bill
was subsequently amended to adjust the membership of the
concussion management team.]
No other testimony was provided.
The Senate Committee amended the bill to:
●Replace the phrase “extracurricular activity” with
the word “activity,” as defined in the bill;
●Adjust the membership of the concussion
management team to include, to the extent
possible, a licensed speech-language pathologist
and any other licensed individual deemed
appropriate by the school; and
●Make technical changes to ensure consistency in
statutory phrasing.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the bill would not have a
fiscal effect on state aid to school districts or the Department
of Education. The Department of Education indicates that
enactment of the bill would cause school districts to incur
administrative and training costs, but a fiscal effect cannot be
estimated.
KSHSAA; concussions; return to learn; return to play
7- 82