By: Hughes S.B. No. 1506
 
  (Clardy)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 38.032(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The parent or guardian of a student with a seizure
  disorder may seek care for the student's seizures while the student
  is at school or participating in a school activity by submitting to
  the school district at which the student is enrolled a copy of a
  seizure management and treatment plan developed by the student's
  parent or guardian and the physician responsible for the student's
  seizure treatment. The plan must be:
               (1)  on the form adopted under Subsection (b); and
               (2)  submitted to and reviewed by the district:
                     (A) [(1)]  before or at the beginning of the
  school year;
                     (B) [(2)]  on enrollment of the student, if the
  student enrolls in the district after the beginning of the school
  year; or
                     (C) [(3)]  as soon as practicable following a
  diagnosis of a seizure disorder for the student.
         (b)  The agency shall adopt and post on the agency's Internet
  website a form to be used in submitting a [A] seizure management and
  treatment plan under this section.  The form must 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 [identify the health care
  services the student may receive at school or while participating
  in a school activity;
               [(2) evaluate the student's ability to manage and level
  of understanding of the student's seizures; and
               [(3) be signed by] the student's parent or guardian and
  the physician responsible for the student's seizure treatment.
         SECTION 2.  Not later than December 1, 2023, the Texas
  Education Agency shall adopt and post on the agency's Internet
  website the form required under Section 38.032(b), Education Code,
  as amended by this Act.
         SECTION 3.  The change in law made by this Act applies only
  to a seizure management and treatment plan submitted to a school
  district on or after January 1, 2024.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.