LESC bill analyses are available on the New Mexico Legislature website (www.nmlegis.gov). Bill analyses are
prepared by LESC staff for standing education committees of the New Mexico Legislature. LESC does not assume
any responsibility for the accuracy of these reports if they are used for other purposes.
LEGISLATIVE EDUCATION STUDY COMMITTEE
BILL ANALYSIS
57th Legislature, 1st S ession, 2025
Bill Number HB300 Sponsor Zamora
Tracking Number .229011.1 Committee Referrals HEC/HJC
Short Title Seizure Safe Schools Act
Original Date 2/17/2025
Analyst Davalos Last Updated
BILL SUMMARY
Synopsis of Bill
House Bill 300 (HB300) would amend the Public School Code to establish the Seizure Safe
Schools Act, ensuring schools are equipped to manage students with seizure disorders. The bill requires annual training for all school employees and bus drivers on seizure management, including recognizing seizure symptoms and providing appropriate intervention. By December 31, 2025, the Public Education Department (PED), in consultation with the New Mexico Department of Health (DOH) and the School Nurses Association, would have to adopt and promulgate rules
regarding training on management of seizure disorders. Each school with a student diagnosed with a seizure disorder would be required to have at least
two trained personnel, including nurses or designated seizure care personnel, to administer seizure rescue medications and operate prescribed medical devices. HB300 would require at least one
trained individual to be available during school hours and all school-sponsored activities. Schools
without sufficient trained personnel would be required to seek volunteers through a written request
to staff. Parents or guardians would be required to provide a Seizure Action Plan detailing the student’s
medical needs, symptoms, required accommodations, emergency contacts, and a signed medical release. HB300 requires the school to share this plan with all relevant school employees and bus
drivers responsible for the students’ care.
FISCAL IMPACT
HB300 does not contain an appropriation. Analysis from DOH indicates the department would need one new FTE to administer the provisions of HB300, creating a recurring cost of approximately $75 thousand annually. DOH also
anticipates nonrecurring costs of approximately $160 thousand to develop an initial curriculum
and training program, as well as to promulgate rules.
HB300 – Page 2
Because the bill does not include an appropriation, DOH and PED would be required to absorb
these costs within their existing budgets.
SUBSTANTIVE ISSUES
Impacts of Seizure Disorders. Epilepsy is one of the most common neurological disorders,
affecting approximately 2.9 million people in the United States, including 456 thousand children
in 2022. The condition is characterized by recurrent seizures, which can vary in severity and
frequency. According to the Centers for Disease Control and Prevention (CDC), children with
epilepsy are more likely to experience academic challenges, behavioral difficulties, and social stigma, making school-based support essential. The annual direct healthcare costs per person with
epilepsy range from $10.2 thousand to $47.9 thousand (2013 U.S. dollars), with significantly
higher costs for individuals experiencing uncontrolled seizures.
A 2017 CDC study
found students with epilepsy are at higher risk of cognitive delays and mental
health conditions, such as anxiety and depression, which can impact educational outcomes. Schools implementing structured epilepsy management programs help mitigate these challenges
by offering necessary academic and emotional support. As more states adopt Seizure Safe Schools legislation, these policies ensure that students with epilepsy receive the care, accommodations, and
protections they need to succeed academically while prioritizing their health and safety.
Effectiveness of Seizure Action Plans. The CDC's Guidance for Schools
emphasizes the
importance of seizure action plans, staff training, and clear communication among school personnel, students, and parents. The CDC encourages the adoption of school policies such as
emergency response procedures, accommodations for students with epilepsy, and collaboration with healthcare professionals. Additionally, ensuring that school nurses and designated staff are trained in seizure first aid and medication administration is critical to fostering a safe and supportive learning environment. Research has shown that well-prepared schools reduce seizure-
related risks and improve the overall well-being of students with epilepsy.
Research
examining the impact of Seizure Action Plans (SAPs) in schools focused on their
effectiveness in managing epilepsy-related emergencies and improving student safety. The study
highlights that SAPs provide structured guidance for school personnel, ensuring timely and appropriate responses to seizures. S chools with established SAPs report better seizure
management, increased staff confidence, and reduced emergency hospitalizations for students with epilepsy. The research also emphasizes the importance of training school personnel, clear communication between families and schools, and legal protections for staff administering seizure care. Ultimately, the study supports statewide policies mandating SAPs to enhance safety, minimize educational disruptions, and promote a more inclusive learning environment for students with epilepsy.
The American Epilepsy Society, a nonprofit organization supporting evidence-based practices of
epilepsy, has investigated seizure management practices in schools, identifying preparedness and
staff training gaps. Its 2019 study
highlights that many schools lack standardized seizure response
protocols, leading to inconsistent care for students with epilepsy. S chool personnel often feel
underprepared to handle seizures, emphasizing the need for comprehensive training programs and SAPs. The research underscores the importance of collaboration between healthcare providers,
educators, and parents to ensure students receive appropriate care. Ultimately, the study suggests
statewide policies requiring seizure training and clear protocols to improve safety, reduce
emergency incidents, and support students with epilepsy in educational settings.
HB300 – Page 3
A 2024 study examined the challenges and best practices in supporting students with epilepsy
within school settings. The research highlights that students with epilepsy face academic, social,
and emotional difficulties, often exacerbated by inadequate school preparedness and limited staff
training. Findings indicate that SAPs, staff education, and school-wide awareness programs
significantly improve seizure response, student safety, and overall well-being. The study also
emphasizes the importance of collaboration between schools, healthcare providers, and families to
ensure students receive appropriate accommodations and medical support. Ultimately, the research
recommends mandatory seizure training and policy implementation to create inclusive, supportive
learning environments for students with epilepsy.
Section 504. Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that ensures
individuals with disabilities receive equal access to education and services in institutions receiving federal funding. Section 504 prohibits discrimination based on disability and requires reasonable
accommodations to support students in appropriate environments. Unlike the Individuals with Disabilities Education Act (IDEA), which provides specialized instruction for students with qualifying disabilities, Section 504 removes barriers preventing students from fully participating
in academic and extracurricular activities. In the education setting, students with medical conditions, including seizure disorders, may qualify for a 504 Plan if their condition significantly limits their ability to be mobile, concentrate, or learn. The 504 plan outlines specific accommodations that enable the student to access the curriculum and remain safe in the school environment. Accommodations may include classroom modifications, such as extended test-
taking time, adjusted attendance policies for medical absences, and permission to take breaks when
needed. Additionally, health- related supports, such as staff training and first-aid, are often included
to ensure a prompt and appropriate response.
Seizure Care Plans In New Mexico. New Mexico does not currently have a statewide law mandating seizure management in schools, though some school s are proactively implementing
policies to support students with epilepsy. Schools train staff, establish connections with healthcare providers, and require SAPs to ensure a safe learning environment. Analysis from the New Mexico School for the Blind and Visually Impaired notes that due to the
population of students they serve, they employ a health services department with multiple registered nurses on both campuses. Any student with a seizure disorder already has a seizure care plan in place. Both classroom and transportation staff receive training and guidance from nursing staff and are supplied with care plans.
The New Mexico Annual School Health Services report
for the 2023-2024 school year highlights
significant challenges in student health management. School nurses developed over 20 thousand
individualized health care plans and emergency care plans to address student medical needs. New Mexico school districts and charter schools also reported more than 11 thousand cases of neurological disorders, including concussions, migraines, and seizure disorders. Additionally, the
report found that at least 27 percent of school districts do not have a school nurse, and one in three
districts has only one or a part-time school nurse.
ADMINISTRATIVE IMPLICATIONS
HB300 requires the principal or school administrator to distribute a written notice to all staff
seeking volunteers to provide seizure care if a school lacks two trained employees. The notice must outline the requirements to provide seizure care, the tasks involved, the voluntary nature of
HB300 – Page 4
participation, the availability of training, and the identity of the person whom school employees
should contact.
HB300 directs PED to collaborate with the DOH and the New Mexico School Nurses Association
to establish training regulations for school nurses and seizure care personnel. Analysis from DOH
notes the department would play a critical role in this process by assisting PED with rule
promulgation and clinical technical guidance, as well as by providing technical assistance and
training support to PED.
Training must be provided by a school nurse or a qualified healthcare practitioner with expertise
in seizure disorders. Additionally, the bill clarifies that trained volunteer employees may legally
assist students experiencing seizures without violating nursing laws or medical delegation
restrictions. Further, school employees, including nurses and bus drivers, are granted legal
immunity from civil and professional liability, provided they act with ordinary care under the
Seizure Safe Schools Act.
OTHER SIGNIFICANT ISSUES
Seizure Safe School Legislation in Other States. The Seizure Safe Schools Act is part of a
growing national movement to ensure schools are equipped to support students with epilepsy and
seizure disorders. Similar legislation has been enacted in at least 24 states, including New
Mexico’s neighboring states of Arizona, Colorado, Oklahoma, Texas, and Utah.
These laws typically mandate seizure action plans, staff training, and legal protections for school
personnel who assist students experiencing seizures. While the specifics vary by state, the
overarching goal is to improve student safety, enhance emergency preparedness, and ensure
compliance with disability rights laws such as the Individuals with Disabilities Education Act
(IDEA) and Section 504 of the Rehabilitation Act.
RELATED BILLS
Duplicates Senate Bill 246, Seizure Safe Schools Act, which would create the Seizure Safe Schools
Act, requiring PED to collaborate with DOH and the School Nurses Association to develop
regulations for training school personnel in the management of students with seizure disorders.
SOURCES OF INFORMATION
• LESC Files
• New Mexico Board of Nursing
• New Mexico Department of Health (DOH)
• New Mexico Public Education Department (PED)
• New Mexico Public Schools Insurance Authority (NMPSIA)
• New Mexico Regional Educational Cooperatives Association (NMRECA)
• New Mexico School for the Blind and Visually Impaired (NMSBVI)
• New Mexico School for the Deaf
ND/clh/mca/jkh