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A BILL TO BE ENTITLED
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AN ACT
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relating to a seizure management and treatment plan for the care to |
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be provided by a public school to a student with a seizure disorder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.032(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The parent or guardian of a student with a seizure |
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disorder may seek care for the student's seizures while the student |
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is at school or participating in a school activity by submitting to |
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the school district at which the student is enrolled a copy of a |
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seizure management and treatment plan developed by the student's |
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parent or guardian and the physician responsible for the student's |
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seizure treatment. The plan must be: |
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(1) on the form adopted under Subsection (b); and |
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(2) submitted to and reviewed by the district: |
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(A) [(1)] before or at the beginning of the |
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school year; |
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(B) [(2)] on enrollment of the student, if the |
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student enrolls in the district after the beginning of the school |
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year; or |
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(C) [(3)] as soon as practicable following a |
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diagnosis of a seizure disorder for the student. |
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(b) The agency shall adopt and post on the agency's Internet |
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website a form to be used in submitting a [A] seizure management and |
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treatment plan under this section. The form must request the |
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following information: |
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(1) the student's name and date of birth; |
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(2) the names and contact information of the student's |
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parent or guardian, the physician responsible for the student's |
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seizure treatment, and at least one other emergency contact; |
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(3) any medical history significant to the student's |
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seizure disorder; |
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(4) the type, length, and frequency of the student's |
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seizures; |
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(5) a description of each type of seizure the student |
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has experienced; |
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(6) the student's seizure triggers or warning signs; |
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(7) the student's ability to manage seizures and the |
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student's level of understanding of the seizures; |
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(8) the student's response after a seizure; |
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(9) the basic first aid to be provided to the student |
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during a seizure, including whether the student needs to leave the |
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classroom after a seizure and the process for the student's return |
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to the classroom, if applicable; |
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(10) a description of what constitutes a seizure |
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emergency for the student; |
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(11) a description of seizure emergency protocol for |
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district personnel to follow in the event of a seizure emergency for |
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the student; |
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(12) a treatment protocol for any medications or other |
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procedures to be administered by district personnel to the student |
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during school hours, including: |
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(A) each daily or emergency medication, |
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including: |
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(i) the name and dosage of the medication |
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and the time at which the medication is to be given; |
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(ii) common side effects for the |
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medication; and |
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(iii) any special instructions regarding |
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the medication; and |
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(B) whether the student has a vagus nerve |
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stimulator and, if so, appropriate magnet use for the stimulator; |
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(13) any special considerations or precautions |
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applicable to the student; and |
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(14) the signatures of [identify the health care |
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services the student may receive at school or while participating |
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in a school activity; |
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[(2) evaluate the student's ability to manage and level |
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of understanding of the student's seizures; and |
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[(3) be signed by] the student's parent or guardian and |
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the physician responsible for the student's seizure treatment. |
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SECTION 2. Not later than December 1, 2023, the Texas |
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Education Agency shall adopt and post on the agency's Internet |
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website the form required under Section 38.032(b), Education Code, |
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as amended by this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to a seizure management and treatment plan submitted to a school |
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district on or after January 1, 2024. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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