88R9898 AMF-D
By: Clardy H.B. No. 3610
A BILL TO BE ENTITLED
AN ACT
relating to a seizure management and treatment plan for the care to
be provided by a public school to a student with a seizure disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 38.032(a) and (b), Education Code, are
amended to read as follows:
(a) The parent or guardian of a student with a seizure
disorder may seek care for the student's seizures while the student
is at school or participating in a school activity by submitting to
the school district at which the student is enrolled a copy of a
seizure management and treatment plan developed by the student's
parent or guardian and the physician responsible for the student's
seizure treatment. The plan must be:
(1) on the form adopted under Subsection (b); and
(2) submitted to and reviewed by the district:
(A) [(1)] before or at the beginning of the
school year;
(B) [(2)] on enrollment of the student, if the
student enrolls in the district after the beginning of the school
year; or
(C) [(3)] as soon as practicable following a
diagnosis of a seizure disorder for the student.
(b) The agency shall adopt and post on the agency's Internet
website a form to be used in submitting a [A] seizure management and
treatment plan under this section. The form must request the
following information:
(1) the student's name and date of birth;
(2) the names and contact information of the student's
parent or guardian, the physician responsible for the student's
seizure treatment, and at least one other emergency contact;
(3) any medical history significant to the student's
seizure disorder;
(4) the type, length, and frequency of the student's
seizures;
(5) a description of each type of seizure the student
has experienced;
(6) the student's seizure triggers or warning signs;
(7) the student's ability to manage seizures and the
student's level of understanding of the seizures;
(8) the student's response after a seizure;
(9) the basic first aid to be provided to the student
during a seizure, including whether the student needs to leave the
classroom after a seizure and the process for the student's return
to the classroom, if applicable;
(10) a description of what constitutes a seizure
emergency for the student;
(11) a description of seizure emergency protocol for
district personnel to follow in the event of a seizure emergency for
the student;
(12) a treatment protocol for any medications or other
procedures to be administered by district personnel to the student
during school hours, including:
(A) each daily or emergency medication,
including:
(i) the name and dosage of the medication
and the time at which the medication is to be given;
(ii) common side effects for the
medication; and
(iii) any special instructions regarding
the medication; and
(B) whether the student has a vagus nerve
stimulator and, if so, appropriate magnet use for the stimulator;
(13) any special considerations or precautions
applicable to the student; and
(14) the signatures of [identify the health care
services the student may receive at school or while participating
in a school activity;
[(2) evaluate the student's ability to manage and level
of understanding of the student's seizures; and
[(3) be signed by] the student's parent or guardian and
the physician responsible for the student's seizure treatment.
SECTION 2. Not later than December 1, 2023, the Texas
Education Agency shall adopt and post on the agency's Internet
website the form required under Section 38.032(b), Education Code,
as amended by this Act.
SECTION 3. The change in law made by this Act applies only
to a seizure management and treatment plan submitted to a school
district on or after January 1, 2024.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.