BILL ANALYSIS

H.B. 3610

By: Clardy

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

H.B. 684, "Sam's Law," passed by the 86th Texas Legislature, required certain public school personnel to be trained in seizure recognition and seizure first aid and authorized the submission of a seizure action and treatment plan for each student with a seizure disorder. However, there is not currently a standardized form in place for such a plan. H.B. 3610 seeks to address this issue and implement elements of a form recommended by the National Epilepsy Foundation by requiring the development and posting of a form to be used in submitting a seizure management and treatment plan.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3610 amends the Education Code to require the Texas Education Agency (TEA) to adopt and post on its website, not later than December 1, 2023, a form to be used in submitting a seizure management and treatment plan for a student with a seizure disorder developed by the student's parent or guardian and the physician responsible for the student's seizure treatment. The bill removes specific content requirements for such a plan and requires instead the form to request the following information:

· the student's name and date of birth;

· 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;

· any medical history significant to the student's seizure disorder;

· the type, length, and frequency of the student's seizures;

· a description of each type of seizure the student has experienced;

· the student's seizure triggers or warning signs;

· the student's ability to manage seizures and the student's level of understanding of the seizures;

· the student's response after a seizure;

· 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;

· a description of what constitutes a seizure emergency for the student;

· a description of seizure emergency protocol for district personnel to follow in the event of a seizure emergency for the student;

· a treatment protocol for any medications or other procedures to be administered by district personnel to the student during school hours, including applicable medication information and whether the student has a vagus nerve stimulator and, if so, appropriate magnet use for the stimulator;

· any special considerations or precautions applicable to the student; and

· the signatures of the student's parent or guardian and the physician responsible for the student's seizure treatment.

The bill applies only to a seizure management and treatment plan submitted to a district on or after January 1, 2024.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.