Bill Summary – FastDemocracy

H.B. 172
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                          Feb 22, 2023
                                     SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                             D
                                  HOUSE BILL DRH40079-NHa-87
     Short Title:   Sam's Law.                                                                (Public)
     Sponsors:      Representative Kidwell.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO PROVIDE TRAINING TO STUDENTS AND SCHOOL PERSONNEL ON
     RECOGNIZING AND RESPONDING WHEN A PERSON IS EXPERIENCING A
     SEIZURE.
 The General Assembly of North Carolina enacts:
            SECTION 1. This act shall be known as the "Seizure Safe Schools Act of 2023" or
 "Sam's Law" and may be cited by those names.
            SECTION 2. Article 25A of Chapter 115C of the General Statutes is amended by
 adding a new section to read:
 "§ 115C-375.7. Seizure preparedness.
     (a)    Seizure Action Plan. – A written, individualized health plan developed between a
 school unit and the parent of a student enrolled in the unit who is diagnosed with a seizure
 disorder. The Plan identifies the health care needs of the student and prepares school personnel
 to meet those needs. The school unit shall keep each Seizure Action Plan on file in the office of
 a school administrator or school nurse employed by the unit and make the Plan available to any
 school personnel and, with the permission of the student's parent, any volunteer responsible for
 the supervision of the student. Each plan is valid for one school year.
     (b)    Seizure Action Plan Components. – The parent of a student diagnosed with a seizure
 disorder may petition the student's school unit for the development of a Seizure Action Plan. The
 parent and school unit shall develop the Plan in accordance with the procedures developed by the
 governing body of the school unit. At a minimum, the Plan shall include the following
 components:
            (1)     A written statement from the student's health care provider with all of the
                    following information:
                    a.      The student's name.
                    b.      Any seizure medication prescribed to the student.
                    c.      The dosage and method of administering the seizure medication.
                    d.      The frequency of administration of the seizure medication.
                    e.      The symptoms necessitating administration of the seizure medication.
            (2)     A written statement from the parent indicating whether school personnel or
                    volunteers are permitted to administer seizure medication to the student. This
                    permission shall be renewed in each subsequent school year the student
                    attends a school in the school unit.
            (3)     If school personnel or volunteers who meet the training requirements of this
                    section are authorized by the parent to administer seizure medication to a
                    student, the parent shall provide the school with at least one unopened dosage
                                  *DRH40079-NHa-87*
     General Assembly Of North Carolina                                                      Session 2023
                      of the medication with an intact pharmaceutical label. The school shall store
                      the medication in a safe and secure location accessible only by school
                      personnel or volunteers with training to administer seizure medication in
                      accordance with subsection (c) of this section.
     (c)      Employee Administration of Seizure Medication. – Each school unit shall ensure that
 at least one employee in each school in the unit is trained to administer or assist with the
 self-administration of any seizure medication provided to the school pursuant to subsection (b)
 of this section. The governing body of each school unit shall adopt minimum training
 requirements for these employees, which shall be consistent with training guidelines established
 by the Epilepsy Foundation of America, Inc., or its successor. Any volunteer that supervises
 students with seizure disorders may volunteer to attend the same training.
     (d)      Seizure Education Program. – The governing body of each public school unit shall
 adopt a policy outlining the requirements of a seizure education program for all school personnel
 having direct contact with students in grades kindergarten through 12. The seizure education
 program shall be administered on an annual basis in each public school unit and, at a minimum,
 shall provide education on the following topics:
              (1)     Instructions for administering seizure medications.
              (2)     Signs and symptoms of seizures and the appropriate steps to be taken to
                      respond to symptoms of a seizure.
              (3)     Any other guidelines established by the Epilepsy Foundation of America, Inc.,
                      or its successor.
     (e)      Self-Study Requirement. – The governing body of each school unit shall adopt a
 policy requiring all principals, guidance counselors, and teachers in the unit to complete at least
 one hour of self-study review of seizure disorder materials each school year. The governing body
 of the unit shall select the materials for study in accordance with current practices and standards.
     (f)      Informational Poster. – The governing body of each school unit shall ensure that an
 informational display on seizure first aid is posted in at least one visible, high-traffic area in each
 school in the unit."
              SECTION 3.(a) G.S. 115C-12 is amended by adding a new subdivision to read:
              "(49) Duty regarding seizures. – The State Board of Education shall adopt rules
                      regarding seizures in accordance with G.S. 115C-375.7 for all schools
                      operated under the control of the Board."
              SECTION 3.(b) G.S. 115C-47 is amended by adding a new subdivision to read:
              "(68) Duty regarding seizures. – Each local board of education shall adopt a policy
                      regarding seizures in accordance with G.S. 115C-375.7."
              SECTION 3.(c) G.S. 115C-218.75 is amended by adding a new subsection to read:
     "(k) Seizure Policy. – A charter school shall adopt a policy regarding seizures in
 accordance with G.S. 115C-375.7."
              SECTION 3.(d) G.S. 115C-238.66 is amended by adding a new subdivision to read:
              "(19) Seizure policy. – A regional school shall adopt a policy regarding seizures in
                      accordance with G.S. 115C-375.7."
              SECTION 3.(e) G.S. 116-11 is amended by adding a new subdivision to read:
              "(12f) The Board of Governors shall adopt a policy regarding seizures in accordance
                      with G.S. 115C-375.7 for all school units, as defined in that section, operated
                      under the control of the Board of Governors."
              SECTION 4. There is appropriated from the General Fund to the Department of
 Public Instruction the sum of fifty thousand dollars ($50,000) in nonrecurring funds to assist the
 State Board of Education with the development of its seizure policy and with other costs
 associated with the implementation of this act. The State Board of Education may share any
 materials or rule language it develops pursuant to Section 3(a) of this act with the Board of
     Page 2                                                                           DRH40079-NHa-87
    General Assembly Of North Carolina                                             Session 2023
 Governors of The University of North Carolina and the Division of Nonpublic Schools to
 facilitate the development of other seizure policies that are consistent with this act.
              SECTION 5. This act is effective when it becomes law and applies beginning with
 the 2024-2025 school year.
    DRH40079-NHa-87                                                                      Page 3
Statutes affected: 
Filed: 115C-12, 115C-47, 115C-218.75, 115C-238.66, 116-11
Edition 1: 115C-12, 115C-47, 115C-218.75, 115C-238.66, 116-11
Edition 2: 115C-12, 115C-375.1, 115C-47, 115C-218.75, 115C-238.66, 116-239.8