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Kansas Senate Bill SB82

Kansas 2023-2024 Regular Session

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11 Session of 2023
22 SENATE BILL No. 82
33 By Committee on Education
44 1-23
55 AN ACT concerning education; relating to the school sports head injury
66 prevention act; requiring schools to establish concussion management
77 teams; standards of care protocols; biennial education; amending
88 K.S.A. 72-7119 and repealing the existing section.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 72-7119 is hereby amended to read as follows: 72-
1111 7119. (a) This section shall be known and may be cited as the school sports
1212 head injury prevention act.
1313 (b) As used in this section:
1414 (1) "School" means any public or accredited private high school,
1515 middle school or junior high school."Athlete" means a student who
1616 prepares for or participates in an extracurricular activity.
1717 (2) "Athletic director" means an individual employed by a school
1818 district who is responsible for administering the athletic program of a
1919 school. "Athletic director" includes an individual who acts as an athletic
2020 director or an assistant athletic director. If a school does not have an
2121 athletic director, "athletic director" means the individual designated to be
2222 responsible for administering the athletic programs of the school.
2323 (3) "Coach" means a volunteer or employee of a school district who
2424 is responsible for organizing and supervising athletes to teach them the
2525 fundamental skills of an extracurricular activity. "Coach" includes head
2626 and assistant coaches.
2727 (4) "Concussion" means a complex pathophysiological process
2828 affecting the brain that is caused by traumatic biomechanical forces.
2929 (5) "Concussion management team" means an interdisciplinary team
3030 of professionals vested in the education of an athlete when a concussion
3131 affects the athlete's ability to learn due to either an extracurricular
3232 activity or non-extracurricular activity health condition, including
3333 individuals employed by a school district or volunteering at a school to
3434 create, implement and supervise concussion management policies.
3535 (6) "Extracurricular activity" means an organized school-sponsored
3636 or school-sanctioned athletic activity for students, generally held outside
3737 of school instructional hours under the direction of a coach, athletic
3838 director or band leader, including, but not limited to: Baseball, basketball,
3939 cheerleading, cross country, football, golf, marching band, soccer,
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7676 softball, swimming and diving, tennis, indoor and outdoor track,
7777 volleyball and wrestling. All interscholastic activities are deemed to be
7878 extracurricular activities.
7979 (7) "Game official" means an individual who officiates at an
8080 extracurricular activity, such as a referee or umpire and includes, but is
8181 not limited to, any individual enrolled as a game official by the Kansas
8282 state high school activities association.
8383 (2)(8) "Health careHealthcare provider" means a person an
8484 individual licensed by the state board of healing arts to practice medicine
8585 and surgery.
8686 (9) "Licensed athletic trainer" means an individual who is licensed
8787 by the state board of healing arts as an athletic trainer under the
8888 provisions of K.S.A. 65-6906, and amendments thereto, and whose
8989 practice includes schools and extracurricular activities.
9090 (10) "Licensed school counselor" means an individual who is
9191 employed by a school district and who is licensed by the state board of
9292 education as a school counselor.
9393 (11) "Nurse" means an individual licensed by the board of nursing
9494 who is practicing in a school setting as an employee of the school district
9595 or volunteer of the school.
9696 (12) "Parent" means a natural parent, a stepparent, a guardian or a
9797 foster parent of a student.
9898 (13) "Return-to-learn protocol" means an evidence-based
9999 reintegration program consistent with the best standards of care
100100 guidelines designed to return the athlete to school and the classroom
101101 setting for the purpose of formal learning.
102102 (14) "Return-to-play protocol" means an evidence-based
103103 reintegration program consistent with the best standards of care
104104 guidelines designed to return the athlete to extracurricular activity
105105 practice before formal competition.
106106 (15) "School" means any public or accredited nonpublic high school
107107 or middle school, including home school entities.
108108 (c) The state board of education, in cooperation with the Kansas state
109109 high school activities association, shall compile information on the nature
110110 and risk of concussion and head injury including the dangers and risks
111111 associated with the continuation of playing or practicing after a person an
112112 individual suffers a concussion or head injury. Such information shall be
113113 provided to school districts for distribution to coaches, school athletes and
114114 the athletes' parents or guardians of school athletes.
115115 (1) Schools shall establish a concussion education program for
116116 parents, athletes and school personnel to review the school policies and
117117 procedures governing the prevention and management of concussions.
118118 Such program shall include, but not be limited to, the prevention and
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162162 management of concussions, dangers and risks associated with
163163 concussions, signs and symptoms of concussions, return-to-learn and
164164 return-to-play protocols and school policies and procedures for
165165 concussion preventive management.
166166 (2) Schools shall establish policies and procedures governing the
167167 prevention and management of concussions of students. Policies and
168168 procedures shall address concussions occurring in extracurricular
169169 activities and may be applied to all concussions of students.
170170 (3) Schools shall appoint a concussion management team to establish
171171 a return-to-play protocol based on scientific evidence-based practices
172172 consistent with the United States centers for disease control and
173173 prevention guidelines and the Kansas state high school activities
174174 association guidelines for the student's return to play.
175175 (4) The school concussion management team shall establish a return-
176176 to-learn protocol based on scientific evidence-based practices consistent
177177 with the centers for disease control and prevention guidelines and the
178178 Kansas state high school activities association guidelines for the student's
179179 return to the classroom.
180180 (5) The membership of the concussion management team shall
181181 include to the extent possible, but shall not be limited to, the:
182182 (A) Licensed athletic trainer, if employed or contracted by the school
183183 district;
184184 (B) athletic director;
185185 (C) designated teacher;
186186 (D) licensed school counselor;
187187 (E) school administrator; and
188188 (E) nurse, if any.
189189 (6) Schools shall appoint a designee from the concussion
190190 management team to supervise the persons responsible for compliance
191191 with the return-to-play and return-to-learn protocols. The person who has
192192 supervisory responsibilities shall not be a coach of an extracurricular
193193 activity.
194194 (7) Schools shall establish a return-to-learn protocol for any athlete
195195 who has sustained a concussion. The return-to-learn protocol shall
196196 recognize that a student who has sustained a concussion and returned to
197197 school may need formal or informal accommodations, modifications of
198198 curriculum and monitoring by medical or academic staff until the athlete
199199 has fully recovered.
200200 (8) An athlete may not participate in any extracurricular activity
201201 competition or practice session until completely integrated in school
202202 without accommodation related to a concussion.
203203 (9) The following individuals shall complete, at least biennially, a
204204 concussion training program approved by the state board of education and
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248248 the Kansas state high school activities association:
249249 (A) Coach;
250250 (B) licensed athletic trainer;
251251 (C) licensed school counselor;
252252 (D) game official;
253253 (E) nurse;
254254 (F) athletic director; and
255255 (G) school marching band director, whether employed by the school
256256 district or a volunteer serving in such capacity.
257257 (d) A schoolAn athlete may not participate in any sport
258258 extracurricular activity competition or practice session unless such athlete
259259 and the athlete's parent or guardian have signed, and returned to the
260260 school, a concussion and head injury information release form. A release
261261 form shall be signed and returned each school year that a student an athlete
262262 participates in sport competitions an extracurricular activity competition
263263 or practice sessions session.
264264 (e) If a school athlete suffers, or is suspected of having suffered, a
265265 concussion or head injury during a sport competition or practice session,
266266 such school athlete immediately shall be removed from the sport
267267 competition or practice session. (1) An athlete shall be removed
268268 immediately from an extracurricular activity competition or practice
269269 session if one of the following individuals believes that the athlete might
270270 have sustained a concussion arising from such competition or practice
271271 session:
272272 (A) Coach;
273273 (B) healthcare provider;
274274 (C) game official;
275275 (D) licensed athletic trainer;
276276 (E) the athlete's parent or another person with the legal authority to
277277 make medical decisions on the athlete's behalf;
278278 (F) the athlete; or
279279 (G) any other person deemed appropriate under the school's return-
280280 to-play protocol.
281281 (f) Any school athlete who has been removed from a sport
282282 competition or practice session shall not return to competition or practice
283283 until(2) The athlete shall not return to an extracurricular activity
284284 competition or practice session until the athlete:
285285 (A) Is evaluated by a health care healthcare provider and the health
286286 care healthcare provider provides such athlete a written clearance to return
287287 to play or practice. If the health care healthcare provider who provides the
288288 clearance to return to play or practice is not an employee of the school
289289 district, such health care healthcare provider shall not be liable for civil
290290 damages resulting from any act or omission in the rendering of such care,
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334334 other than acts or omissions constituting gross negligence or willful or
335335 wanton misconduct;
336336 (B) has successfully completed each requirement of the return-to-play
337337 protocol established by the school, which is necessary for the athlete to
338338 return to play; and
339339 (C) has successfully completed each requirement of the return-to-
340340 learn protocol established by the school necessary for the athlete to return
341341 to learn.
342342 (g) This section shall take effect on and after July 1, 2011.
343343 Sec. 2. K.S.A. 72-7119 is hereby repealed.
344344 Sec. 3. This act shall take effect and be in force from and after its
345345 publication in the statute book.
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