An Act
ENROLLED SENATE
BILL NO. 128 By: Rader and Hicks of the
Senate
and
Lowe (Dick) of the House
An Act relating to schools; creating the Seizure -Safe
Schools Act; providing short title; defining term;
requiring certain school employee to have certain
training by certain date; requiring school seizure
training programs and guidelines to meet certain
criteria; requiring written parent authorization,
written statement and certain action plan prior to
administering certain medication; requirin g school to
maintain certain records; providing applicability of
act; authorizing promulgation of rules; providing
exemption from certain disciplinary proceeding;
providing for immunity from certain liability;
providing for codification; and declaring an
emergency.
SUBJECT: Creating the Seizure -Safe Schools Act
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 1210.18 3 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Seizure-
Safe Schools Act”.
ENR. S. B. NO. 128 Page 2
B. As used in the Seizure -Safe Schools Act, “seizure action
plan” means a written, individuali zed health plan desi gned to
acknowledge and prepare for the health care needs of a student
diagnosed with a seizure disorder.
C. Beginning January 1, 202 2, each school district board of
education shall have at least one school employee at each school who
has met the training requirements necessary to:
1. Administer or assist with the self-administration of a
seizure rescue medication or medication prescribed to treat seizure
disorder symptoms as approved by the United States Food and Drug
Administration and any successor agency; and
2. Recognize the sign s and symptoms of seizures and the
appropriate steps to be taken to respond to these symptoms.
D. Any training programs or guidelines ad opted by any state
agency for the training of school personnel in th e health care needs
of any student diagnosed with a seizure disorder shall be fully
consistent with training programs and guidelines developed by the
Epilepsy Foundation of America and any successor organization.
Notwithstanding any state agency requireme nt or other law to the
contrary, for the purposes o f this training a school district shall
be permitted to use any adequate and appropriate training program s
or guidelines for traini ng of school personnel in the seizure
disorder care tasks covered under th is section.
E. Before a seizure rescue medication can be administered to a
student to treat seizure disorder symptoms, the student ’s parent or
legal guardian shall:
1. Provide the school with written authorization to administer
the medication at school;
2. Provide a written statement from the student ’s health care
provider that shall contain the following info rmation:
a. the student’s name,
b. the name and purpose of the medication ,
ENR. S. B. NO. 128 Page 3
c. the prescribed dosage,
d. the route of administration,
e. the frequency that the medication may be administered,
and
f. the circumstances under which the medication may be
administered;
3. Provide the prescribed medication to the school in its
unopened, sealed package with the label affixed by the dispensing
pharmacy intact; and
4. Collaborate with school personnel to cre ate a seizure action
plan.
F. The written authorization , written statement and seizure
action plan required in subsection E of this section shall be kept
on file in the office of the school nurse or schoo l administrator
and shall be distributed to any sch ool personnel or volunteers
responsible for the supervisio n or care of the student.
G. The written authorization for the administration of seizure
rescue medications provided for in subsection E of this s ection
shall be effective for the school year in wh ich it is granted and
may be renewed each following school year upon fulfilling the
requirements of subsections E and F of this section.
H. The Seizure-Safe Schools Act shall apply only to a school
that has a student enrolled who has a seizure disorder an d has a
seizure rescue medication or other medication prescribed to treat
seizure disorder symptoms approved by the United States Food and
Drug Administration and any successor agency prescribed by the
student’s health care provider.
I. The State Board of Ed ucation may promulgate administrative
rules for the development and implementation of the seizure
education program and the pro cedures for the development and content
of seizure action plans.
ENR. S. B. NO. 128 Page 4
J. 1. A school employee may n ot be subject to any disciplinary
proceeding resulting from an action taken in complianc e with the
Seizure-Safe Schools Act. Any employee acting in accordance with
the provisions of this act shall be immune from civil liability
unless the actions of the e mployee rise to a level of reckle ss or
intentional misconduct.
2. A school nurse shall not be responsible for and shall not be
subject to disciplinary acti on for actions performed by a volunteer.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effec t and
be in full force from and after its passage and approval.
ENR. S. B. NO. 128 Page 5
Passed the Senate the 3rd day of March, 2021.
Presiding Officer of the Sena te
Passed the House of Representatives the 20th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M .
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __