Seizure Awareness and Preparedness Act

Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:

In this section:

The term individualized emergency health care plan means a document developed by a student's health care provider, in consultation with the parent of a student with epilepsy or a seizure disorder, other appropriate medical professionals who may be providing epilepsy or seizure disorder care to the student, and the school nurse, which outlines a set of procedural guidelines that provide specific directions about what to do in a particular emergency situation and is signed by the health care provider, the parent, and the school nurse.

The term individualized health care plan means a document developed by a student's health care provider, in consultation with the parent of a student with epilepsy or a seizure disorder, other appropriate medical professionals who may be providing epilepsy or seizure disorder care to the student, and the school nurse, which is consistent with the recommendations of the student's health care provider and which sets out the health services needed by the student at school and is signed by the health care provider, the parent, and the school nurse.

The Secretary shall award grants to States, on a competitive basis, to enable the States to award subgrants to local educational agencies to carry out a program that supports students with epilepsy and seizure disorders in schools.

A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

A State that receives a grant under this section shall use the grant funds to award subgrants to local educational agencies to enable the local educational agencies to carry out a program that funds training of school personnel on seizure awareness and preparedness that covers individualized health care plans and individualized emergency health care plans for students who have epilepsy or a seizure disorder.

A local educational agency that desires to receive a subgrant under this subsection shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may require.

A local educational agency that receives a subgrant under this subsection shall use the subgrant funds to carry out a program in the elementary schools and secondary schools served by such agency to fund training of school personnel on seizure awareness and preparedness that covers individualized health care plans and individualized emergency health care plans for students who have epilepsy or a seizure disorder.

A local educational agency that receives a subgrant under this subsection may use the subgrant funds for—

(I) training of school personnel to administer or assist with the administration of seizure medications;

(II) training and education of students on seizure awareness and preparedness;

(III) recruiting, hiring, and retaining dedicated compliance staff who are responsible for ensuring that all training and program requirements related to seizure awareness, preparedness, and management are consistently met; and

(IV) other activities or programs determined appropriate by the Secretary.

It is recommended that each individualized health care plan and each individualized emergency health care plan include the following information:

(i) Written orders from the student’s physician or advanced practice nurse outlining the epilepsy or seizure disorder care.

(ii) The symptoms of the epilepsy or seizure disorder for that particular student and recommended care.

(iii) Full participation in exercise and sports, and any contraindications to exercise, or accommodations that shall be made for that particular student.

(iv) Accommodations for school trips, after-school activities, class parties, and other school-related activities.

(v) Education of all school personnel about epilepsy and seizure disorders, how to recognize and provide care for epilepsy and seizure disorders, and when to call for assistance.

(vi) Medical and treatment issues that may affect the educational process of the student with epilepsy or the seizure disorder.

(vii) The student’s ability to manage, and the student’s level of understanding of, the student’s epilepsy or seizure disorder.

(viii) How to maintain communication with the student, the student’s parent and health care team, the educational staff, and the school nurse.

Each local educational agency carrying out a program supported with subgrant funds shall ensure that the school nurse assigned to a particular elementary school or secondary school supported by the program—

(I) coordinates the provision of epilepsy and seizure disorder care at such school; and

(II) ensures that all staff are trained not less often than every 2 years in the care of students with epilepsy and seizure disorders, including staff working with school-sponsored programs outside of the regular school day, as provided in individualized health care plans and individualized emergency health care plans.

The training required under clause (i) shall include a Department of Education-approved on-line or in-person course of instruction provided by 1 or more nonprofit national organizations that support the welfare of individuals with epilepsy and seizure disorders.

Each local educational agency carrying out a program supported with subgrant funds shall ensure that each school bus driver who transports a student with epilepsy or a seizure disorder receives notice of the student’s condition, information on how to provide care for epilepsy or the seizure disorder, emergency contact information, epilepsy and seizure disorder recognition and first aid training, and parent contact information.

Each local educational agency carrying out a program supported with subgrant funds shall ensure that the school nurse assigned to a particular elementary school or secondary school supported by the program obtains a release from each parent of a student with epilepsy or a seizure disorder who requests an individualized health care plan or an individualized emergency health care plan, to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers.

No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a local educational agency, shall be held liable for any good faith act or omission consistent with the provisions of this section. Good faith shall not include willful misconduct, gross negligence, or recklessness.

Grant and subgrant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this section.

There is authorized to be appropriated to carry out this section $34,500,000 for the period of fiscal years 2024 through 2028.

The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4644 the following new items: