[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9635 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9635
To amend the Elementary and Secondary Education Act of 1965 to
authorize a grant program to support students who have epilepsy or a
seizure disorder.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2024
Mr. Norcross (for himself, Mr. Costa, Mr. Bacon, Ms. Norton, Mr. Tonko,
and Mr. Fitzpatrick) introduced the following bill; which was referred
to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to
authorize a grant program to support students who have epilepsy or a
seizure disorder.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seizure Awareness and Preparedness
Act''.
SEC. 2. GRANT PROGRAM TO SUPPORT STUDENTS WHO HAVE EPILEPSY OR A
SEIZURE DISORDER.
(a) In General.--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:
``PART G--GRANT PROGRAM TO SUPPORT STUDENTS WHO HAVE EPILEPSY OR A
SEIZURE DISORDER
``SEC. 4701. GRANT PROGRAM TO SUPPORT STUDENTS WHO HAVE EPILEPSY OR A
SEIZURE DISORDER.
``(a) Definitions.--In this section:
``(1) Individualized emergency health care plan.--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 or specialized instructional support
personnel, 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 or specialized instructional
support personnel.
``(2) Individualized health care plan.--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
or specialized instructional support personnel, 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 or specialized
instructional support personnel.
``(b) Authorization of Grant Program.--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.
``(c) Applications for Grants.--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.
``(d) Subgrants Authorized.--
``(1) In general.--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.
``(2) Applications for subgrants.--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.
``(3) Use of subgrant funds.--
``(A) In general.--
``(i) Required use.--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.
``(ii) Permissive uses.--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.
``(B) Information included.--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 or specialized instructional
support personnel.
``(C) Training required.--
``(i) In general.--Each local educational
agency carrying out a program supported with
subgrant funds shall ensure that the school
nurse or specialized instructional support
personnel 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.
``(ii) Instruction.--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.
``(D) School bus drivers.--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.
``(E) Release.--Each local educational agency
carrying out a program supported with subgrant funds
shall ensure that the school nurse or specialized
instructional support personnel 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.
``(F) No liability.--No school employee, including
a school nurse or specialized instructional support
personnel, 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.
``(e) Supplement; Not Supplant.--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.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $34,500,000 for the period of
fiscal years 2024 through 2028.''.
(b) Table of Contents.--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:
``Part G-Grant Program to Support Students Who Have Epilepsy or a
Seizure Disorder
``Sec. 4701. Grant program to support students who have epilepsy or a
seizure disorder.''.
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