North Carolina 2025-2026 Regular Session

North Carolina House Bill H4 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 4
55 Committee Substitute Favorable 4/1/25
6-Committee Substitute #2 Favorable 4/15/25
76
87 Short Title: Sam's Law. (Public)
98 Sponsors:
109 Referred to:
1110 January 30, 2025
12-*H4-v-3*
11+*H4-v-2*
1312 A BILL TO BE ENTITLED 1
14-AN ACT TO REQUIRE ME DICAL CONDITION ACTI ON PLANS FOR CERTAIN 2
15-STUDENTS AND MEDICAL EMERGENCY PLANS IN ALL PUBLIC SCHOOL UNITS. 3
16-The General Assembly of North Carolina enacts: 4
17-SECTION 1.(a) G.S. 115C-12 is amended by adding the following new subdivisions 5
18-to read: 6
19-"(50) Medical Condition Action Plan. – The State Board of Education shall adopt a 7
20-rule establishing a medical condition action plan as provided in 8
21-G.S. 115C-375.1 to be implemented by each public school unit for each 9
22-student at risk for a medical emergency as diagnosed by a doctor. 10
23-(51) Medical Emergency Plan. – The State Board of Education, in consultation 11
24-with the Department of Public Instruction and the Department of Health and 12
25-Human Services, shall adopt a rule establishing the required response of 13
26-public school unit employees when a student has a medical emergency not 14
27-otherwise covered by a medical condition action plan implemented in 15
28-accordance with G.S. 115C-375.1. The Department of Public Instruction shall 16
29-provide each public school unit with a copy of the rule, and each public school 17
30-unit shall implement the rule." 18
31-SECTION 1.(b) G.S. 115C-375.1 reads as rewritten: 19
32-"§ 115C-375.1. To provide some medical care to students.students and implement medical 20
33-condition action plans. 21
34-(a) Notwithstanding G.S. 90-21.10B, it is within the scope of duty of teachers, including 22
35-substitute teachers, teacher assistants, student teachers, or any other public school employee 23
36-when authorized by the board of education governing body of a public school unit or its designee, 24
37-(i) to administer any drugs or medication prescribed by a doctor upon written request of the 25
38-parents, or as described in the medical condition action plan required by subsection (b) of this 26
39-section, (ii) to give emergency health care when reasonably apparent circumstances indicate that 27
40-any delay would seriously worsen the physical condition or endanger the life of the pupil, student, 28
41-and (iii) to perform any other first aid or lifesaving techniques in which the employee has been 29
42-trained in a program approved by the State Board of Education. At least one public school unit 30
43-employee per school shall be trained in first aid and lifesaving techniques, including seizure 31
44-recognition. No public school unit employee, however, other than a school administrator, shall 32
45-be required to administer drugs or medication or attend lifesaving techniques programs. 33
46-(b) Each governing body of a public school unit shall implement the medical condition 34
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
48-Page 2 House Bill 4-Third Edition
49-student at risk of a medical emergency as diagnosed by a doctor. The medical condition action 1
50-plan adopted by the State Board of Education shall include all of the following: 2
51-(1) A standard medical condition action plan form. 3
52-(2) Detailed instructions in the medical condition action plan form to ensure that 4
53-all individuals designated by the principal, or, if there is no principal, the staff 5
54-member with the highest decision-making authority, to provide medical care 6
55-for a student at risk for a medical emergency as diagnosed by a doctor, know 7
56-how to address the medical emergency. 8
57-(3) Information detailing the method by which and by whom any medical 9
58-emergency will be handled when the student is at a school-sponsored activity 10
59-that is not on the campus of the public school unit, including field trips and 11
60-interscholastic athletic activities. 12
61-(c) Any public school unit employee, authorized by the board of education governing 13
62-body of a public school unit or its designee to act under (i), (ii), or (iii) above, subsections (a) 14
63-and (b) of this section, shall not be liable in civil damages for any authorized act or for any 15
64-omission relating to that act unless the act or omission amounts to gross negligence, wanton 16
65-conduct, or intentional wrongdoing. Any person, serving in a voluntary position at the request of 17
66-or with the permission or consent of the board of education governing body of a public school 18
67-unit or its designee, who has been given the authority by the board of education governing body 19
68-of a public school unit or its designee to act under (ii) above give emergency health care when 20
69-reasonably apparent circumstances indicate that any delay would seriously worsen the physical 21
70-condition or endanger the life of the student shall not be liable in civil damages for any authorized 22
71-act or for any omission relating to the act unless the act amounts to gross negligence, wanton 23
72-conduct, or intentional wrongdoing. 24
73-(d) At the commencement of each school year, but before the beginning of classes, and 25
74-thereafter as circumstances require, the principal of each school school, or, if there is no principal, 26
75-the staff member with the highest decision-making authority, shall determine which persons will 27
76-participate in the medical care program." 28
77-SECTION 1.(c) The State Board of Education may adopt temporary rules to 29
78-implement this section. 30
79-SECTION 2.(a) G.S. 115C-47 is amended by adding the following new subdivisions 31
80-to read: 32
81-"(70) To Implement a Medical Condition Action Plan. – Local boards of education 33
82-shall implement the medical condition action plan adopted by the State Board 34
83-of Education under G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 35
84-(71) To Implement a Medical Emergency Plan. – Local boards of education shall 36
85-implement the medical emergency plan adopted by the State Board of 37
86-Education under G.S. 115C-12(51)." 38
87-SECTION 2.(b) G.S. 115C-218.75 is amended by adding the following new 39
88-subsections to read: 40
89-"(e3) Medical Condition Action Plan. – A charter school shall implement the medical 41
90-condition action plan adopted by the State Board of Education under G.S. 115C-12(50) and as 42
91-provided in G.S. 115C-375.1. 43
92-(e4) Medical Emergency Plan. – A charter school shall implement the medical emergency 44
93-plan adopted by the State Board of Education under G.S. 115C-12(51)." 45
94-SECTION 2.(c) G.S. 115C-238.66 is amended by adding the following new 46
95-subdivisions to read: 47
96-"(7h) Medical condition action plan. – A regional school shall implement the 48
97-medical condition action plan adopted by the State Board of Education under 49
98-G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 50 General Assembly Of North Carolina Session 2025
99-House Bill 4-Third Edition Page 3
100-(7i) Medical emergency plan. – A regional school shall implement the medical 1
101-emergency plan adopted by the State Board of Education under 2
102-G.S. 115C-12(51)." 3
103-SECTION 2.(d) G.S. 116-239.8(b) is amended by adding the following new 4
104-subdivisions to read: 5
105-"(26) Medical condition action plan. – A laboratory school shall implement the 6
106-medical condition action plan adopted by the State Board of Education under 7
107-G.S. 115C-12(50) and as provided in G.S. 115C-375.1. 8
108-(27) Medical emergency plan. – A laboratory school shall implement the medical 9
109-emergency plan adopted by the State Board of Education under 10
110-G.S. 115C-12(51)." 11
111-SECTION 2.(e) Subdivision (2) of Section 6(d) of S.L. 2018-32 is amended by 12
112-adding the following new sub-subdivisions to read: 13
113-"p. (70) [To Implement a Medical Condition Action Plan]. 14
114-q. (71) [To Implement a Medical Emergency Plan]." 15
115-SECTION 3. This act is effective when it becomes law and applies beginning with 16
116-the 2025-2026 school year. 17
13+AN ACT TO PROVIDE TR AINING TO STUDENTS A ND SCHOOL PERSONNEL ON 2
14+RECOGNIZING AND RESP ONDING WHEN A PERSON IS EXPERIENCING A 3
15+SEIZURE. 4
16+The General Assembly of North Carolina enacts: 5
17+SECTION 1. This act shall be known as the "Seizure Safe Schools Act of 2025" or 6
18+"Sam's Law" and may be cited by those names. 7
19+SECTION 2. Article 25A of Chapter 115C of the General Statutes is amended by 8
20+adding a new section to read: 9
21+"§ 115C-375.7. Seizure preparedness. 10
22+(a) Seizure Action Plan. – A written, individualized health plan developed between a 11
23+public school unit and the parent of a student enrolled in the public school unit who is diagnosed 12
24+with a seizure disorder. The Plan identifies the health care needs of the student and prepares 13
25+school personnel to meet those needs. The public school unit shall keep each Seizure Action Plan 14
26+on file in the office of a school administrator or school nurse employed by the unit and make the 15
27+Plan available to any school personnel and, with the permission of the student's parent, any 16
28+volunteer responsible for the supervision of the student. Each plan is valid for one school year. 17
29+(b) Seizure Action Plan Components. – The parent of a student diagnosed with a seizure 18
30+disorder may petition the public school unit for the development of a Seizure Action Plan. The 19
31+parent and school unit shall develop the Plan in accordance with the procedures developed by the 20
32+governing body of the public school unit. At a minimum, the Plan shall include the following 21
33+components: 22
34+(1) A written statement from the student's health care provider with all of the 23
35+following information: 24
36+a. The student's name. 25
37+b. Any seizure medication prescribed to the student. 26
38+c. The dosage and method of administering the seizure medication. 27
39+d. The frequency of administration of the seizure medication. 28
40+e. The symptoms necessitating administration of the seizure medication. 29
41+(2) A written statement from the parent indicating whether school personnel or 30
42+volunteers are permitted to administer seizure medication to the student. This 31
43+permission shall be renewed in each subsequent school year the student 32
44+attends a school in the public school unit. 33
45+(3) If school personnel or volunteers who meet the training requirements of this 34
46+section are authorized by the parent to administer seizure medication to a 35
47+student, the parent shall provide the school with at least one unopened dosage 36 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 4-Second Edition
49+of the medication with an intact pharmaceutical label. The school shall store 1
50+the medication in a safe and secure location accessible only by school 2
51+personnel or volunteers with training to administer seizure medication in 3
52+accordance with subsection (c) of this section. 4
53+(c) Employee Administration of Seizure Medication. – Each public school unit shall 5
54+ensure that at least one employee in each school in the unit is trained to administer or assist with 6
55+the self-administration of any seizure medication provided to the school pursuant to subsection 7
56+(b) of this section. The governing body of the public school unit shall adopt minimum training 8
57+requirements for these employees, which shall be consistent with training guidelines established 9
58+by the Epilepsy Foundation of America, Inc., or its successor. Any volunteer that supervises 10
59+students with seizure disorders may volunteer to attend the same training. 11
60+(d) Seizure Education Program. – The governing body of the public school unit shall 12
61+adopt a policy outlining the requirements of a seizure education program for all school personnel 13
62+having direct contact with students in grades kindergarten through 12. The seizure education 14
63+program shall be administered on an annual basis in each public school unit and, at a minimum, 15
64+shall provide education on the following topics: 16
65+(1) Instructions for administering seizure medications. 17
66+(2) Signs and symptoms of seizures and the appropriate steps to be taken to 18
67+respond to symptoms of a seizure. 19
68+(3) Any other guidelines established by the Epilepsy Foundation of America, Inc., 20
69+or its successor. 21
70+(e) Self-Study Requirement. – The governing body of the public school unit shall adopt 22
71+a policy requiring all principals, school counselors, and teachers in the public school unit to 23
72+complete at least one hour of self-study review of seizure disorder materials each school year. 24
73+The governing body of the public school unit shall select the materials for study in accordance 25
74+with current practices and standards. 26
75+(f) Informational Poster. – The governing body of the public school unit shall ensure that 27
76+an informational display on seizure first aid is posted in at least one visible, high-traffic area in 28
77+each school in the public school unit." 29
78+SECTION 3.(a) G.S. 115C-12 is amended by adding a new subdivision to read: 30
79+"(50) Duty regarding seizures. – The State Board of Education shall adopt rules 31
80+regarding seizures in accordance with G.S. 115C-375.7 for all schools 32
81+operated under the control of the Board." 33
82+SECTION 3.(b) G.S. 115C-47 is amended by adding a new subdivision to read: 34
83+"(70) Duty regarding seizures. – Each local board of education shall adopt a policy 35
84+regarding seizures in accordance with G.S. 115C-375.7." 36
85+SECTION 3.(c) G.S. 115C-150.12C(15) is amended by adding a new 37
86+sub-subdivision to read: 38
87+"c. The board shall adopt a policy regarding seizures in accordance with 39
88+G.S. 115C-375.7." 40
89+SECTION 3.(d) G.S. 115C-218.75 is amended by adding a new subsection to read: 41
90+"(p) Seizure Policy. – A charter school shall adopt a policy regarding seizures in 42
91+accordance with G.S. 115C-375.7." 43
92+SECTION 3.(e) G.S. 115C-238.66 is amended by adding a new subdivision to read: 44
93+"(23) Seizure policy. – A regional school shall adopt a policy regarding seizures in 45
94+accordance with G.S. 115C-375.7." 46
95+SECTION 3.(f) G.S. 116-11 is amended by adding a new subdivision to read: 47
96+"(12f) The Board of Governors shall adopt a policy regarding seizures in accordance 48
97+with G.S. 115C-375.7 for all school units, as defined in that section, operated 49
98+under the control of the Board of Governors." 50 General Assembly Of North Carolina Session 2025
99+House Bill 4-Second Edition Page 3
100+SECTION 4. There is appropriated from the General Fund to the Department of 1
101+Public Instruction the sum of fifty thousand dollars ($50,000) in nonrecurring funds to assist the 2
102+State Board of Education with the development of its seizure rules and with other costs associated 3
103+with the implementation of this act. The State Board of Education may share any materials or 4
104+rule language it develops pursuant to Section 3(a) of this act with the Board of Governors of The 5
105+University of North Carolina and the Division of Non-Public Education to facilitate the 6
106+development of other seizure policies that are consistent with this act. 7
107+SECTION 5. This act is effective when it becomes law and applies beginning with 8
108+the 2025-2026 school year. 9