2023-2024 Bill 3309 Text of Previous Version (Jan. 24, 2024)

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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Committee Report

January 24, 2024

H. 3309

Introduced by Reps. Gilliam, Pope, Erickson, Bradley and Davis

S. Printed 01/24/24--H.

Read the first time January 10, 2023

________

The committee on House Education and Public Works

To whom was referred a Bill (H. 3309) to amend the South Carolina Code of Laws by enacting the "Seizure Safe Schools Act" by adding Section 59-63-97 so as to require the establishment of seizure action, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

SECTION X. Article 2, Chapter 10, Title 59 of the S.C. Code is amended by adding:

Section 59-10-215. Each school district and charter school shall adopt a seizure training program to provide instruction in understanding the basics about epilepsy and its impact on student learning, recognizing signs and symptoms of seizures, the appropriate steps to be taken to respond to symptoms of a seizure, and the administration of seizure medications. This training must be consistent with guidelines established by a qualified nonprofit organization that supports the welfare of individuals with epilepsy and seizure disorders. The completion of this training must be documented by the school district and the training may be provided virtually, provided by school or district staff, or may be conducted by an individual trained to deliver such information.

SECTION X. Section 59-63-80 of the S.C. Code is amended to read:

Section 59-63-80. (A) As used in this section:

(1) "medication" is defined as medication prescribed by a health care provider contained in the original packaging with the appropriate pharmacy label or in a secure package containing a note from the prescribing physician or pharmacist that appropriately identifies the medicine;

(2) "monitoring device" is defined as implements prescribed by a health care provider for monitoring a chronic health condition; and

(3) "individual health care plan" (IHP) is defined as a plan of care designed specifically for an individual student to provide for meeting the health monitoring and care of the student during the school day or at school-sponsored functions;

(4) "emergency action plan" (EAP) is defined as a plan for handling emergency situations that may occur as a result of a student's medical diagnosis during the school day or at school-sponsored functions;

(5) "seizure action plan" (SAP) is defined as a written, emergency action plan as a supplement to the individualized health plan provided by the parent or legal guardian of a student who is diagnosed with a seizure disorder and signed by the child's health care provider. Such a plan must acknowledge the health care needs of the student, prepare both parties to meet those needs, and apply over the course of a school year.

(B) Each school district shall adopt a policy requiring that students with special health care needs have individual health care plans. This policy must address the administration of medication needed for the student's specific health care needs, address training requirements specific to the student's health care needs for school personnel with direct student contact when appropriate as determined by the school nurse, and provide information to additional school personnel on recognizing signs and symptoms associated with specific medical conditions. Additionally, the plan must provide for the authorization of a student to self-monitor and self-administer medication as prescribed by the student's health care provider unless there is sufficient evidence that unsupervised self-monitoring or self-medicating would seriously jeopardize the safety of the student or others. The policy must include, but is not limited to:

(1) a requirement that the student's parent or legal guardian provide to the school:

(a) written authorization from the parent or legal guardian for the administration of medications needed for the student's specific health care needs to include whether school personnel or volunteers are permitted to administer, and, if appropriate, authorization for the student to self-monitor and self-administer medication; and

(b) a written statement from the student's health care practitioner who prescribed the medication verifying that the student has a medical condition and medicine is required to treat the condition. If the student has permission to self-monitor and self-administer medication, the health care practitioner's statement must verify that the student has been instructed and demonstrates competency in self-monitoring or self-administration of medications, or both.

(2) authorization for a student to possess on his person and administer medication while:

(a) in the classroom and in any area of the school or school grounds;

(b) at a school-sponsored activity;

(d) during before-school or after-school activities on school-operated property.

(C) The statements required in subsection (B)(1) must be kept on file in the office of the school nurse or school administrator.

(D)(1) The State Department of Education shall develop guidelines for required components of a written student individual health care plan to include training specific to the student's health care needs for school personnel with direct student contact, and if appropriate as determined by the school nurse, provide information to additional school personnel on recognizing signs and symptoms associated with specific medical conditions. These plans which must be developed with input from and with the approval of:

(a) the student's health care practitioner who prescribed the medication;

(b) the parent or legal guardian;

(d) the school nurse or other designated school staff member.

(2) If a student qualifies for a Federal 504 medical accommodations plan, that process must meet the requirements for the state-required individual health plan.

(3) The parent or guardian and the student, if appropriate, shall authorize the school to share the student's individual health care plan with school staff who have a legitimate need for knowledge of the information.

(4) If a student's health care practitioner deems appropriate and written information outlining the student's health needs is provided by the parent and health care practitioner, an EAP shall accompany the IHP for distribution to school staff who have a legitimate need for knowledge of the information.

(5) If a student's health care practitioner deems appropriate and written information outlining the student's health needs is provided by the parent and health care practitioner, an SAP shall accompany the EAP for distribution to school staff who have a legitimate need for knowledge of the information.

(E) All medication authorized to be carried by the student must be maintained in a container appropriately labeled by the pharmacist who filled the prescription.

(F) A student's permission to self-monitor or self-administer medication may be revoked if the student endangers himself or others through misuse of the monitoring device or medication.

(G) The permission for self-monitoring or self-administration of medication is effective for the school year in which it is granted and must be renewed each school year upon fulfilling the requirements of this section.

(H) A parent or guardian shall sign a statement acknowledging that:

(1) the school district and its employees and agents are not liable for an injury arising from a student's self-monitoring or self-administration of medication;

(2) the parent or guardian shall indemnify and hold harmless the district and its employees and agents against a claim arising from a student's self-monitoring or self-administration of medication;

(3) the school district and its employees and agents are not liable for an injury arising from administration of medication authorized by an IHP;

(4) the parent or guardian shall indemnify and hold harmless the district and its employees and agents against a claim arising from administration of medication authorized by an IHP.

Amend the bill further, as and if amended, by striking SECTION 3 and inserting:

SECTION 3. This act takes effect July 1, 2025.

Renumber sections to conform.

Amend title to conform.

SHANNON ERICKSON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires public schools to develop a seizure action plan for students diagnosed with a seizure disorder. Schools must keep each seizure action plan on file in the office of a school administrator or school nurse and make the plan available to school personnel and, with permission of the parent or guardian, a volunteer responsible for the supervision of the student. The bill also requires school districts to adopt a policy outlining requirements of a seizure education program and training requirements for all school personnel having direct contact with students in grades kindergarten through twelve. Each school district must adopt a policy requiring all principals, guidance counselors, and teachers in the school to complete at least one hour of self-study review of seizure disorder materials each school year and must select the materials for study.

Additionally, SCDE must develop an informational poster on seizure first aid and must provide it online to all public and private schools at no charge. Each public school must display at least one poster in a visible, high-traffic area in the school. Further, the State Board of Education must develop a policy regarding seizures for all schools that operate under the control of the board.

S.C. Department of Education. SCDE indicates that the development of a poster on seizure first aid can be managed within existing appropriations. Further, the Epilepsy Foundation of America offers a free printable poster that SCDE may be able to share with school districts. Therefore, the bill will have no expenditure impact on SCDE. This section of the impact statement has been updated to include a response from SCDE.

State Agency Schools. The Governor's School for the Arts and Sciences indicates that it can adhere to the provisions of the bill within existing appropriations. The Governor's School for Agriculture at John de la Howe indicates that the bill will have no expenditure impact. Likewise, the Wil Lou Gray Opportunity School indicates that the bill will have no expenditure impact since the school has a staffed medical department versed in all emergencies including seizures. Based upon these responses, we anticipate that any expenses resulting from the bill for the Governor's School for Science and Mathematics and the School for the Deaf and Blind can be managed within existing resources.

Local Expenditure

SCDE surveyed the seventy-three regular districts and the three charter school districts and received responses from fifteen districts. Seven of the responding districts indicate that the bill will have no expenditure impact since they currently adhere to the provisions of the bill. One district indicates that any additional expenses would depend on the number of students who need a seizure action plan and may result in a need to hire additional nursing staff if the number increases significantly. The remaining seven districts indicate that the bill could increase expenses by a range of $2,500 to $300,000 for self-study training for principals, teachers, and guidance counselors, training for volunteers, additional school nurses, and for additional staff to oversee the seizure education program. Due to the varying responses, the expenditure impact of this bill on the local school districts is undetermined. This section of the impact statement has been updated to include responses from the local school districts.

State Expenditure

S.C. Department of Education. The expenditure impact of this bill on SCDE is pending, contingent upon a response.

Local Expenditure

The expenditure impact of this bill on the local school districts is pending, contingent upon a response.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA code of laws by ENACTing THE "SEIZURE SAFE SCHOOLS ACT" BY ADDING SECTION 59-63-97 SO AS TO REQUIRE THE ESTABLISHMENT OF SEIZURE ACTION PLANS IN PUBLIC SCHOOLS, AND TO PROVIDE REQUIREMENTS FOR SUCH PLANS AND THEIR IMPLEMENTATION, AMONG OTHER THINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act must be known and may be cited as the "Seizure Safe Schools Act".

SECTION 2. Article 1, Chapter 69, Title 59 of the S.C. Code is amended by adding:

Section 59-63-97. (A) As used in this section, "seizure action plan" means a written, individualized health plan between a school and the parent or legal guardian of a student who is diagnosed with a seizure disorder. Such a plan must acknowledge the health care needs of the student, prepare both parties to meet those needs, and apply over the course of a school year.

(B)(1) The parent or legal guardian of a student may petition a school the student attends for the development of a seizure action plan for the student if the student is:

(a) diagnosed with a seizure disorder; and

(b) enrolled in the school.

Upon receipt of the parent or legal guardian's petition, the school and parent or legal guardian shall develop a plan in accordance with the provisions of this section.

(2) A school shall keep each seizure action plan on file in the office of a school administrator or school nurse employed by the school, if any, and make the plan available to school personnel and, with the permission of the parent or legal guardian of the student, a volunteer responsible for the supervision of the student. The parent or guardian and the school shall develop the seizure action plan consistent with policies and procedures developed by the governing body of the school. At a minimum, the plan must include:

(a) a written statement from the health care provider of the student with:

(i) the name of the student;

(ii) seizure medication prescribed to the student;

(iii) the dosage and method of administering the seizure medication;

(iv) the frequency of administration of the seizure medication; and

(v) the symptoms necessitating administration of the seizure medication;

(b) a written statement from the parent or legal guardian indicating whether school personnel or volunteers are permitted to administer the seizure medication to the student in the applicable school year, which must be renewed in each subsequent school year the student attends the school; and

(c) if school personnel or volunteers who meet the training requirements of this section are permitted to administer the seizure medication to the student, a written statement that the parent or legal guardian will provide the school with at least one, unopened dosage of the medication with an intact pharmaceutical label. The school shall store the medication in a safe and secure location accessible only by school personnel or volunteers with training to administer seizure medication in accordance with subsection (C).

(C) In instances where a student needs seizure medication, the school nurse has primary responsibility for the administration of the medication. In the event the school nurse is not available for any reason, at least one other employee in each school must be trained to administer or assist with the self-administration of seizure medication provided to the school pursuant to subsection (B). Each school district shall adopt minimum training requirements for these employees and for any volunteer that may supervise students with seizure disorders if the volunteer elects to receive the training. The training requirements must be consistent with training guidelines established by the Epilepsy Foundation of America, Inc., Epilepsy Alliance America, or their successors.

(D) Each school district shall adopt a policy outlining the requirements of a seizure education program for all school personnel having direct contact with students in grades kindergarten through twelve. The seizure education program must be administered on an annual basis in each public school and, at a minimum, must:

(1) provide instruction in administering seizure medications;

(2) provide instruction in recognizing signs and symptoms of seizures and the appropriate steps to be taken to respond to symptoms of a seizure; and

(3) be consistent with guidelines established by the Epilepsy Foundation of America, Inc., Epilepsy Alliance America, or their successors.

(E) Each school district shall:

(1) adopt a policy requiring all principals, guidance counselors, and teachers in the school to complete at least one hour of self-study review of seizure disorder materials each school year; and

(2) select the materials for study in accordance with current practices and standards.

(F) The State Department of Education shall develop an informational poster on seizure first aid which it must provide online to all public and private schools at no charge. Each public school shall display at least one such poster in at least one visible, high-traffic area in the school. The placement of such poster is in the sole discretion of the school.

(G) The State Board of Education shall develop a policy regarding seizures for all schools operated under the control of the board.

SECTION 3. This act takes effect July 1, 2024.

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