14 | | - | AN ACT TO REQUIRE ME DICAL CONDITION ACTI ON PLANS FOR CERTAIN 2 |
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15 | | - | STUDENTS AND MEDICAL EMERGENCY PLANS IN ALL PUBLIC SCHOOL UNITS. 3 |
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16 | | - | The General Assembly of North Carolina enacts: 4 |
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17 | | - | SECTION 1.(a) G.S. 115C-12 is amended by adding the following new subdivisions 5 |
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18 | | - | to read: 6 |
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19 | | - | "(50) Medical Condition Action Plan. – The State Board of Education shall adopt a 7 |
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20 | | - | rule establishing a medical condition action plan as provided in 8 |
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21 | | - | G.S. 115C-375.1 to be implemented by each public school unit for each 9 |
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22 | | - | student at risk for a medical emergency as diagnosed by a doctor. 10 |
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23 | | - | (51) Medical Emergency Plan. – The State Board of Education, in consultation 11 |
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24 | | - | with the Department of Public Instruction and the Department of Health and 12 |
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25 | | - | Human Services, shall adopt a rule establishing the required response of 13 |
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26 | | - | public school unit employees when a student has a medical emergency not 14 |
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27 | | - | otherwise covered by a medical condition action plan implemented in 15 |
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28 | | - | accordance with G.S. 115C-375.1. The Department of Public Instruction shall 16 |
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29 | | - | provide each public school unit with a copy of the rule, and each public school 17 |
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30 | | - | unit shall implement the rule." 18 |
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31 | | - | SECTION 1.(b) G.S. 115C-375.1 reads as rewritten: 19 |
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32 | | - | "§ 115C-375.1. To provide some medical care to students.students and implement medical 20 |
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33 | | - | condition action plans. 21 |
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34 | | - | (a) Notwithstanding G.S. 90-21.10B, it is within the scope of duty of teachers, including 22 |
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35 | | - | substitute teachers, teacher assistants, student teachers, or any other public school employee 23 |
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36 | | - | when authorized by the board of education governing body of a public school unit or its designee, 24 |
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37 | | - | (i) to administer any drugs or medication prescribed by a doctor upon written request of the 25 |
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38 | | - | parents, or as described in the medical condition action plan required by subsection (b) of this 26 |
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39 | | - | section, (ii) to give emergency health care when reasonably apparent circumstances indicate that 27 |
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40 | | - | any delay would seriously worsen the physical condition or endanger the life of the pupil, student, 28 |
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41 | | - | and (iii) to perform any other first aid or lifesaving techniques in which the employee has been 29 |
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42 | | - | trained in a program approved by the State Board of Education. At least one public school unit 30 |
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43 | | - | employee per school shall be trained in first aid and lifesaving techniques, including seizure 31 |
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44 | | - | recognition. No public school unit employee, however, other than a school administrator, shall 32 |
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45 | | - | be required to administer drugs or medication or attend lifesaving techniques programs. 33 |
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46 | | - | (b) Each governing body of a public school unit shall implement the medical condition 34 |
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47 | | - | action plan adopted by the State Board of Education pursuant to G.S. 115C-12(50) for each 35 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 4-Third Edition |
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49 | | - | student at risk of a medical emergency as diagnosed by a doctor. The medical condition action 1 |
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50 | | - | plan adopted by the State Board of Education shall include all of the following: 2 |
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51 | | - | (1) A standard medical condition action plan form. 3 |
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52 | | - | (2) Detailed instructions in the medical condition action plan form to ensure that 4 |
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53 | | - | all individuals designated by the principal, or, if there is no principal, the staff 5 |
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54 | | - | member with the highest decision-making authority, to provide medical care 6 |
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55 | | - | for a student at risk for a medical emergency as diagnosed by a doctor, know 7 |
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56 | | - | how to address the medical emergency. 8 |
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57 | | - | (3) Information detailing the method by which and by whom any medical 9 |
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58 | | - | emergency will be handled when the student is at a school-sponsored activity 10 |
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59 | | - | that is not on the campus of the public school unit, including field trips and 11 |
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60 | | - | interscholastic athletic activities. 12 |
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61 | | - | (c) Any public school unit employee, authorized by the board of education governing 13 |
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62 | | - | body of a public school unit or its designee to act under (i), (ii), or (iii) above, subsections (a) 14 |
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63 | | - | and (b) of this section, shall not be liable in civil damages for any authorized act or for any 15 |
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64 | | - | omission relating to that act unless the act or omission amounts to gross negligence, wanton 16 |
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65 | | - | conduct, or intentional wrongdoing. Any person, serving in a voluntary position at the request of 17 |
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66 | | - | or with the permission or consent of the board of education governing body of a public school 18 |
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67 | | - | unit or its designee, who has been given the authority by the board of education governing body 19 |
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68 | | - | of a public school unit or its designee to act under (ii) above give emergency health care when 20 |
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69 | | - | reasonably apparent circumstances indicate that any delay would seriously worsen the physical 21 |
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70 | | - | condition or endanger the life of the student shall not be liable in civil damages for any authorized 22 |
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71 | | - | act or for any omission relating to the act unless the act amounts to gross negligence, wanton 23 |
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72 | | - | conduct, or intentional wrongdoing. 24 |
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73 | | - | (d) At the commencement of each school year, but before the beginning of classes, and 25 |
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74 | | - | thereafter as circumstances require, the principal of each school school, or, if there is no principal, 26 |
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75 | | - | the staff member with the highest decision-making authority, shall determine which persons will 27 |
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76 | | - | participate in the medical care program." 28 |
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77 | | - | SECTION 1.(c) The State Board of Education may adopt temporary rules to 29 |
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78 | | - | implement this section. 30 |
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79 | | - | SECTION 2.(a) G.S. 115C-47 is amended by adding the following new subdivisions 31 |
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80 | | - | to read: 32 |
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81 | | - | "(70) To Implement a Medical Condition Action Plan. – Local boards of education 33 |
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82 | | - | shall implement the medical condition action plan adopted by the State Board 34 |
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83 | | - | of Education under G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 35 |
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84 | | - | (71) To Implement a Medical Emergency Plan. – Local boards of education shall 36 |
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85 | | - | implement the medical emergency plan adopted by the State Board of 37 |
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86 | | - | Education under G.S. 115C-12(51)." 38 |
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87 | | - | SECTION 2.(b) G.S. 115C-218.75 is amended by adding the following new 39 |
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88 | | - | subsections to read: 40 |
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89 | | - | "(e3) Medical Condition Action Plan. – A charter school shall implement the medical 41 |
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90 | | - | condition action plan adopted by the State Board of Education under G.S. 115C-12(50) and as 42 |
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91 | | - | provided in G.S. 115C-375.1. 43 |
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92 | | - | (e4) Medical Emergency Plan. – A charter school shall implement the medical emergency 44 |
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93 | | - | plan adopted by the State Board of Education under G.S. 115C-12(51)." 45 |
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94 | | - | SECTION 2.(c) G.S. 115C-238.66 is amended by adding the following new 46 |
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95 | | - | subdivisions to read: 47 |
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96 | | - | "(7h) Medical condition action plan. – A regional school shall implement the 48 |
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97 | | - | medical condition action plan adopted by the State Board of Education under 49 |
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98 | | - | G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 50 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 4-Third Edition Page 3 |
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100 | | - | (7i) Medical emergency plan. – A regional school shall implement the medical 1 |
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101 | | - | emergency plan adopted by the State Board of Education under 2 |
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102 | | - | G.S. 115C-12(51)." 3 |
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103 | | - | SECTION 2.(d) G.S. 116-239.8(b) is amended by adding the following new 4 |
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104 | | - | subdivisions to read: 5 |
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105 | | - | "(26) Medical condition action plan. – A laboratory school shall implement the 6 |
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106 | | - | medical condition action plan adopted by the State Board of Education under 7 |
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107 | | - | G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 8 |
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108 | | - | (27) Medical emergency plan. – A laboratory school shall implement the medical 9 |
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109 | | - | emergency plan adopted by the State Board of Education under 10 |
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110 | | - | G.S. 115C-12(51)." 11 |
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111 | | - | SECTION 2.(e) Subdivision (2) of Section 6(d) of S.L. 2018-32 is amended by 12 |
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112 | | - | adding the following new sub-subdivisions to read: 13 |
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113 | | - | "p. (70) [To Implement a Medical Condition Action Plan]. 14 |
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114 | | - | q. (71) [To Implement a Medical Emergency Plan]." 15 |
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115 | | - | SECTION 3. This act is effective when it becomes law and applies beginning with 16 |
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116 | | - | the 2025-2026 school year. 17 |
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| 13 | + | AN ACT TO PROVIDE TR AINING TO STUDENTS A ND SCHOOL PERSONNEL ON 2 |
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| 14 | + | RECOGNIZING AND RESP ONDING WHEN A PERSON IS EXPERIENCING A 3 |
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| 15 | + | SEIZURE. 4 |
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| 16 | + | The General Assembly of North Carolina enacts: 5 |
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| 17 | + | SECTION 1. This act shall be known as the "Seizure Safe Schools Act of 2025" or 6 |
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| 18 | + | "Sam's Law" and may be cited by those names. 7 |
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| 19 | + | SECTION 2. Article 25A of Chapter 115C of the General Statutes is amended by 8 |
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| 20 | + | adding a new section to read: 9 |
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| 21 | + | "§ 115C-375.7. Seizure preparedness. 10 |
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| 22 | + | (a) Seizure Action Plan. – A written, individualized health plan developed between a 11 |
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| 23 | + | public school unit and the parent of a student enrolled in the public school unit who is diagnosed 12 |
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| 24 | + | with a seizure disorder. The Plan identifies the health care needs of the student and prepares 13 |
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| 25 | + | school personnel to meet those needs. The public school unit shall keep each Seizure Action Plan 14 |
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| 26 | + | on file in the office of a school administrator or school nurse employed by the unit and make the 15 |
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| 27 | + | Plan available to any school personnel and, with the permission of the student's parent, any 16 |
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| 28 | + | volunteer responsible for the supervision of the student. Each plan is valid for one school year. 17 |
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| 29 | + | (b) Seizure Action Plan Components. – The parent of a student diagnosed with a seizure 18 |
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| 30 | + | disorder may petition the public school unit for the development of a Seizure Action Plan. The 19 |
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| 31 | + | parent and school unit shall develop the Plan in accordance with the procedures developed by the 20 |
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| 32 | + | governing body of the public school unit. At a minimum, the Plan shall include the following 21 |
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| 33 | + | components: 22 |
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| 34 | + | (1) A written statement from the student's health care provider with all of the 23 |
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| 35 | + | following information: 24 |
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| 36 | + | a. The student's name. 25 |
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| 37 | + | b. Any seizure medication prescribed to the student. 26 |
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| 38 | + | c. The dosage and method of administering the seizure medication. 27 |
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| 39 | + | d. The frequency of administration of the seizure medication. 28 |
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| 40 | + | e. The symptoms necessitating administration of the seizure medication. 29 |
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| 41 | + | (2) A written statement from the parent indicating whether school personnel or 30 |
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| 42 | + | volunteers are permitted to administer seizure medication to the student. This 31 |
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| 43 | + | permission shall be renewed in each subsequent school year the student 32 |
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| 44 | + | attends a school in the public school unit. 33 |
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| 45 | + | (3) If school personnel or volunteers who meet the training requirements of this 34 |
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| 46 | + | section are authorized by the parent to administer seizure medication to a 35 |
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| 47 | + | student, the parent shall provide the school with at least one unopened dosage 36 General Assembly Of North Carolina Session 2025 |
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| 48 | + | Page 2 House Bill 4-Second Edition |
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| 49 | + | of the medication with an intact pharmaceutical label. The school shall store 1 |
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| 50 | + | the medication in a safe and secure location accessible only by school 2 |
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| 51 | + | personnel or volunteers with training to administer seizure medication in 3 |
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| 52 | + | accordance with subsection (c) of this section. 4 |
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| 53 | + | (c) Employee Administration of Seizure Medication. – Each public school unit shall 5 |
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| 54 | + | ensure that at least one employee in each school in the unit is trained to administer or assist with 6 |
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| 55 | + | the self-administration of any seizure medication provided to the school pursuant to subsection 7 |
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| 56 | + | (b) of this section. The governing body of the public school unit shall adopt minimum training 8 |
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| 57 | + | requirements for these employees, which shall be consistent with training guidelines established 9 |
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| 58 | + | by the Epilepsy Foundation of America, Inc., or its successor. Any volunteer that supervises 10 |
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| 59 | + | students with seizure disorders may volunteer to attend the same training. 11 |
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| 60 | + | (d) Seizure Education Program. – The governing body of the public school unit shall 12 |
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| 61 | + | adopt a policy outlining the requirements of a seizure education program for all school personnel 13 |
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| 62 | + | having direct contact with students in grades kindergarten through 12. The seizure education 14 |
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| 63 | + | program shall be administered on an annual basis in each public school unit and, at a minimum, 15 |
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| 64 | + | shall provide education on the following topics: 16 |
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| 65 | + | (1) Instructions for administering seizure medications. 17 |
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| 66 | + | (2) Signs and symptoms of seizures and the appropriate steps to be taken to 18 |
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| 67 | + | respond to symptoms of a seizure. 19 |
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| 68 | + | (3) Any other guidelines established by the Epilepsy Foundation of America, Inc., 20 |
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| 69 | + | or its successor. 21 |
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| 70 | + | (e) Self-Study Requirement. – The governing body of the public school unit shall adopt 22 |
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| 71 | + | a policy requiring all principals, school counselors, and teachers in the public school unit to 23 |
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| 72 | + | complete at least one hour of self-study review of seizure disorder materials each school year. 24 |
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| 73 | + | The governing body of the public school unit shall select the materials for study in accordance 25 |
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| 74 | + | with current practices and standards. 26 |
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| 75 | + | (f) Informational Poster. – The governing body of the public school unit shall ensure that 27 |
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| 76 | + | an informational display on seizure first aid is posted in at least one visible, high-traffic area in 28 |
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| 77 | + | each school in the public school unit." 29 |
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| 78 | + | SECTION 3.(a) G.S. 115C-12 is amended by adding a new subdivision to read: 30 |
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| 79 | + | "(50) Duty regarding seizures. – The State Board of Education shall adopt rules 31 |
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| 80 | + | regarding seizures in accordance with G.S. 115C-375.7 for all schools 32 |
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| 81 | + | operated under the control of the Board." 33 |
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| 82 | + | SECTION 3.(b) G.S. 115C-47 is amended by adding a new subdivision to read: 34 |
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| 83 | + | "(70) Duty regarding seizures. – Each local board of education shall adopt a policy 35 |
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| 84 | + | regarding seizures in accordance with G.S. 115C-375.7." 36 |
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| 85 | + | SECTION 3.(c) G.S. 115C-150.12C(15) is amended by adding a new 37 |
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| 86 | + | sub-subdivision to read: 38 |
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| 87 | + | "c. The board shall adopt a policy regarding seizures in accordance with 39 |
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| 88 | + | G.S. 115C-375.7." 40 |
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| 89 | + | SECTION 3.(d) G.S. 115C-218.75 is amended by adding a new subsection to read: 41 |
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| 90 | + | "(p) Seizure Policy. – A charter school shall adopt a policy regarding seizures in 42 |
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| 91 | + | accordance with G.S. 115C-375.7." 43 |
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| 92 | + | SECTION 3.(e) G.S. 115C-238.66 is amended by adding a new subdivision to read: 44 |
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| 93 | + | "(23) Seizure policy. – A regional school shall adopt a policy regarding seizures in 45 |
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| 94 | + | accordance with G.S. 115C-375.7." 46 |
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| 95 | + | SECTION 3.(f) G.S. 116-11 is amended by adding a new subdivision to read: 47 |
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| 96 | + | "(12f) The Board of Governors shall adopt a policy regarding seizures in accordance 48 |
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| 97 | + | with G.S. 115C-375.7 for all school units, as defined in that section, operated 49 |
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| 98 | + | under the control of the Board of Governors." 50 General Assembly Of North Carolina Session 2025 |
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| 99 | + | House Bill 4-Second Edition Page 3 |
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| 100 | + | SECTION 4. There is appropriated from the General Fund to the Department of 1 |
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| 101 | + | Public Instruction the sum of fifty thousand dollars ($50,000) in nonrecurring funds to assist the 2 |
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| 102 | + | State Board of Education with the development of its seizure rules and with other costs associated 3 |
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| 103 | + | with the implementation of this act. The State Board of Education may share any materials or 4 |
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| 104 | + | rule language it develops pursuant to Section 3(a) of this act with the Board of Governors of The 5 |
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| 105 | + | University of North Carolina and the Division of Non-Public Education to facilitate the 6 |
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| 106 | + | development of other seizure policies that are consistent with this act. 7 |
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| 107 | + | SECTION 5. This act is effective when it becomes law and applies beginning with 8 |
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| 108 | + | the 2025-2026 school year. 9 |
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