Protecting Student Athletes From Concussions Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5611 To promote State requirements for local educational agencies and public elementary and secondary schools relating to the prevention and treat- ment of concussions suffered by students. IN THE HOUSE OF REPRESENTATIVES JANUARY 15, 2020 Mr. DESAULNIER (for himself and Mr. STAUBER) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To promote State requirements for local educational agencies and public elementary and secondary schools relating to the prevention and treatment of concussions suffered by students. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Student 4 Athletes From Concussions Act of 2020’’. 5 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5611 IH SEC. 2. MINIMUM STATE REQUIREMENTS. 1 Part F of title VIII of the Elementary and Secondary 2 Education Act of 1965 (20 U.S.C. 7881 et seq.) is amend- 3 ed by adding at the end the following: 4 ‘‘Subpart 6—State Requirements for the Prevention 5 and Treatment of Concussions 6 ‘‘SEC. 8581. MINIMUM STATE REQUIREMENTS. 7 ‘‘(a) IN GENERAL.—Beginning fiscal year 2021, as 8 a condition of receiving funds under this Act for a fiscal 9 year, a State shall, not later than July 1 of the preceding 10 fiscal year, certify to the Secretary in accordance with sub- 11 section (b) that the State has in effect and is enforcing 12 a law or regulation that, at a minimum, establishes the 13 following requirements: 14 ‘‘(1) LOCAL EDUCATIONAL AGENCY CONCUS- 15 SION SAFETY AND MANAGEMENT PLAN.—Each local 16 educational agency in the State (including each 17 charter school that is considered a local educational 18 agency under State law), in consultation with mem- 19 bers of the community in which the local educational 20 agency is located, shall develop and implement a 21 standard plan for concussion safety and manage- 22 ment for public schools served by the local edu- 23 cational agency that includes— 24 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5611 IH ‘‘(A) the education of students, parents, 1 and school personnel about concussions, includ- 2 ing— 3 ‘‘(i) the training of school personnel 4 on evidence-based concussion safety and 5 management, including on prevention, rec- 6 ognition, risk, academic consequences, and 7 response for both initial and any subse- 8 quent concussions; and 9 ‘‘(ii) using, maintaining, and dissemi- 10 nating to students and parents release 11 forms, treatment plans, observation, moni- 12 toring, and reporting forms, recordkeeping 13 forms, and post-injury and prevention fact 14 sheets about concussions; 15 ‘‘(B) supports for each student recovering 16 from a concussion, including— 17 ‘‘(i) guiding the student in resuming 18 participation in school-sponsored athletic 19 activities and academic activities with the 20 help of a multidisciplinary concussion man- 21 agement team, which shall include— 22 ‘‘(I) a health care professional, 23 the parents of such student, and other 24 relevant school personnel; and 25 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5611 IH ‘‘(II) an individual who is as- 1 signed by the public school in which 2 the student is enrolled to oversee and 3 manage the recovery of the student; 4 ‘‘(ii) providing appropriate academic 5 accommodations aimed at progressively re- 6 introducing cognitive demands on such a 7 student; and 8 ‘‘(iii) if the student’s symptoms of 9 concussion persist for a substantial period 10 of time— 11 ‘‘(I) evaluating the student in ac- 12 cordance with section 614 of the Indi- 13 viduals with Disabilities Education 14 Act (20 U.S.C. 1414) to determine 15 whether the student is eligible for 16 services under part B of such Act (20 17 U.S.C. 1411 et seq.); or 18 ‘‘(II) evaluating whether the stu- 19 dent is eligible for services under sec- 20 tion 504 of the Rehabilitation Act of 21 1973 (29 U.S.C. 794); and 22 ‘‘(C) best practices designed to ensure, 23 with respect to concussions, the uniformity of 24 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5611 IH safety standards, treatment, and management, 1 including— 2 ‘‘(i) disseminating information on con- 3 cussion safety and management to the 4 public; and 5 ‘‘(ii) applying best practice and uni- 6 form standards for concussion safety and 7 management to all students enrolled in the 8 public schools served by the local edu- 9 cational agency. 10 ‘‘(2) POSTING OF INFORMATION ON CONCUS- 11 SIONS.—Each public school in the State shall post 12 on school grounds, in a manner that is visible to stu- 13 dents and school personnel, and make publicly avail- 14 able on the school website, information on concus- 15 sions that— 16 ‘‘(A) is based on peer-reviewed scientific 17 evidence or consensus (such as information 18 made available by the Centers for Disease Con- 19 trol and Prevention); 20 ‘‘(B) shall include— 21 ‘‘(i) the risks posed by sustaining a 22 concussion or multiple concussions; 23 ‘‘(ii) the actions a student should take 24 in response to sustaining a concussion, in- 25 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5611 IH cluding the notification of school personnel; 1 and 2 ‘‘(iii) the signs and symptoms of a 3 concussion; and 4 ‘‘(C) may include— 5 ‘‘(i) the definition of a concussion 6 under section 8582(1); 7 ‘‘(ii) the means available to the stu- 8 dent to reduce the incidence or recurrence 9 of a concussion; and 10 ‘‘(iii) the effects of a concussion on 11 academic learning and performance. 12 ‘‘(3) RESPONSE TO A CONCUSSION.—If any 13 school personnel of a public school in the State sus- 14 pect that a student has sustained a concussion dur- 15 ing a school-sponsored athletic activity or other 16 school-sponsored activity— 17 ‘‘(A) the student shall be— 18 ‘‘(i) immediately removed from par- 19 ticipation in such activity; and 20 ‘‘(ii) prohibited from resuming partici- 21 pation in school-sponsored athletic activi- 22 ties— 23 ‘‘(I) on the day the student sus- 24 tained the concussion; and 25 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5611 IH ‘‘(II) until the day the student is 1 capable of resuming such participa- 2 tion, according to the student’s writ- 3 ten release, as described in paragraph 4 (4); 5 ‘‘(B) the school personnel shall report to 6 the concussion management team— 7 ‘‘(i) that the student may have sus- 8 tained a concussion; and 9 ‘‘(ii) all available information with re- 10 spect to the student’s injury; and 11 ‘‘(C) the concussion management team 12 shall confirm and report to the parents of the 13 student— 14 ‘‘(i) the type of injury, and the date 15 and time of the injury, suffered by the stu- 16 dent; and 17 ‘‘(ii) any actions that have been taken 18 to treat the student. 19 ‘‘(4) RETURN TO ATHLETICS.—If a student en- 20 rolled in a public school in the State sustains a con- 21 cussion, before the student resumes participation in 22 school-sponsored athletic activities, the relevant 23 school personnel shall receive a written release from 24 a health care professional, that— 25 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5611 IH ‘‘(A) may require the student to follow a 1 plan designed to aid the student in recovering 2 and resuming participation in such activities in 3 a manner that— 4 ‘‘(i) is coordinated, as appropriate, 5 with periods of cognitive and physical rest 6 while symptoms of a concussion persist; 7 and 8 ‘‘(ii) reintroduces cognitive and phys- 9 ical demands on the student on a progres- 10 sive basis so long as such increases in exer- 11 tion do not cause the reemergence or wors- 12 ening of symptoms of a concussion; and 13 ‘‘(B) states that the student is capable of 14 resuming participation in such activities once 15 the student is asymptomatic. 16 ‘‘(5) RETURN TO ACADEMICS.—If a student en- 17 rolled in a public school in the State has sustained 18 a concussion, the concussion management team (as 19 described under paragraph (1)(B)(i)) of the school 20 shall consult with and make recommendations to rel- 21 evant school personnel and the student to ensure 22 that the student is receiving the appropriate aca- 23 demic supports, including— 24 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5611 IH ‘‘(A) providing for periods of cognitive rest 1 over the course of the school day; 2 ‘‘(B) providing modified academic assign- 3 ments; 4 ‘‘(C) allowing for gradual reintroduction to 5 cognitive demands; and 6 ‘‘(D) other appropriate academic accom- 7 modations or adjustments. 8 ‘‘(b) CERTIFICATION REQUIREMENT.—The certifi- 9 cation required under subsection (a) shall be in writing 10 and include a description of the law or regulation that 11 meets the requirements of subsection (a). 12 ‘‘SEC. 8582. DEFINITIONS. 13 ‘‘In this subpart: 14 ‘‘(1) CONCUSSION.—The term ‘concussion’ 15 means a type of mild traumatic brain injury that— 16 ‘‘(A) is caused by a blow, jolt, or motion 17 to the head or body that causes the brain to 18 move rapidly in the skull; 19 ‘‘(B) disrupts normal brain functioning 20 and alters the physiological state of the indi- 21 vidual, causing the individual to experience— 22 ‘‘(i) any period of observed or self-re- 23 ported— 24 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5611 IH ‘‘(I) transient confusion, dis- 1 orientation, or altered consciousness; 2 ‘‘(II) dysfunction of memory 3 around the time of injury; or 4 ‘‘(III) disruptions in gait or bal- 5 ance; and 6 ‘‘(ii) symptoms that may include— 7 ‘‘(I) physical symptoms, such as 8 headache, fatigue, or dizziness; 9 ‘‘(II) cognitive symptoms, such 10 as memory disturbance or slowed 11 thinking; 12 ‘‘(III) emotional symptoms, such 13 as irritability or sadness; or 14 ‘‘(IV) difficulty sleeping; and 15 ‘‘(C) occurs— 16 ‘‘(i) with or without the loss of con- 17 sciousness; and 18 ‘‘(ii) during participation— 19 ‘‘(I) in a school-sponsored ath- 20 letic activity; or 21 ‘‘(II) in any other activity with- 22 out regard to whether the activity 23 takes place on school property or dur- 24 ing the school day. 25 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5611 IH ‘‘(2) HEALTH CARE PROFESSIONAL.—The term 1 ‘health care professional’ means an individual— 2 ‘‘(A) who has been educated in diagnosis 3 and management of concussion in a pediatric 4 population; 5 ‘‘(B) is registered, licensed, nationally cer- 6 tified, or otherwise statutorily recognized by the 7 State to provide such diagnosis and manage- 8 ment; and 9 ‘‘(C) whose scope of practice and experi- 10 ence includes the diagnosis and management of 11 traumatic brain injury among a pediatric popu- 12 lation. 13 ‘‘(3) PUBLIC SCHOOL.—The term ‘public 14 school’ means a public elementary school or public 15 secondary school. 16 ‘‘(4) SCHOOL PERSONNEL.—The term ‘school 17 personnel’ includes teachers, principals, administra- 18 tors, counselors, social workers, psychologists, 19 nurses, librarians, coaches and athletic trainers, and 20 other support staff who are employed by a school or 21 who perform services for the school on a contractual 22 basis. 23 VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 5611 IH ‘‘(5) SCHOOL-SPONSORED ATHLETIC ACTIV- 1 ITY.—The term ‘school-sponsored athletic activity’ 2 means— 3 ‘‘(A) any physical education class or pro- 4 gram of a public school; 5 ‘‘(B) any athletic activity authorized by a 6 public school that takes place during the school 7 day on the school’s property; 8 ‘‘(C) any activity of an extra-curricular 9 sports team, club, or league organized by a pub- 10 lic school; and 11 ‘‘(D) any recess activity of a public 12 school.’’. 13 SEC. 3. CONFORMING AMENDMENTS. 14 The table of contents in section 2 of the Elementary 15 and Secondary Education Act of 1965 is amended by in- 16 serting after the item relating to section 8574 the fol- 17 lowing: 18 ‘‘SUBPART 6—STATE REQUIREMENTS FOR THE PREVENTION AND TREATMENT OF CONCUSSIONS ‘‘Sec. 8581. Minimum State requirements. ‘‘Sec. 8582. Definitions.’’. Æ VerDate Sep 11 2014 20:48 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H5611.IH H5611 pamtmann on DSKBC07HB2PROD with BILLS