BILL ANALYSIS

 

 

Senate Research Center

S.B. 1506

 

By: Hughes

 

Education

 

5/23/2023

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a student's parent or guardian and their physician are required to create a treatment plan for the student in case of a seizure. The treatment plan, however, does not include requirements for what should or should not be on the plan. 

 

This bill is to provide a fixed seizure form that is used in every school district in Texas for students who have a seizure disorder. Because the treatment plan will be the same for all schools, in the event of a seizure, teachers will have a general knowledge of where to look when seeking to assist the affected student. 

 

S.B. 1506 amends current law 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.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 38.032(a) and (b), Education Code, as follows:

 

(a) Requires that a student treatment seizure management and treatment plan be on the form adopted under Subsection (b). Makes nonsubstantive changes.

 

(b) Requires the Texas Education Agency (TEA) to adopt and post on TEA's Internet website a form to be used in submitting a seizure management and treatment plan under Section 38.032 (Seizure Management and Treatment Plan). Requires that the form 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 the student's parent or guardian and the physician responsible for the student's seizure treatment.

 

Deletes existing text requiring that a seizure management and treatment plan identify the health care services the student is authorized to receive at school or while participating in a school activity and evaluate the student's ability to manage and level of understanding of the student's seizures. Makes nonsubstantive changes.

 

SECTION 2. Requires TEA, not later than December 1, 2023, to adopt and post on TEA's Internet website the form required under Section 38.032(b), Education Code, as amended by this Act.

 

SECTION 3. Makes application of this Act prospective to January 1, 2024.

 

SECTION 4. Effective date: upon passage or September 1, 2023.