BILL NUMBER: S5499A
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the education law, in relation to updating school
concussion management and response protocols
 
SUMMARY OF PROVISIONS:
This bill is entitled the "Concussion Management and Awareness Improve-
ment Act of 2025."
The bill amends subdivision 42 of section 305 of the Education Law,
constituting the Concussion Management and Awareness Act of 2011, to
require that all medical directors employed by a school or school
district complete an annual course of instruction or equivalent continu-
ing medical education relating to recognizing symptoms and providing
treatment for pupils who suffer concussions.
The bill also provides that no pupil presumed to have suffered a concus-
sion shall resume athletic activity until he or she has returned to a
full class schedule without academic adjustments or accommodations, in
addition to the current requirement of being symptom-free for at least
24 hours. It would also require SED's rules and regulations on concus-
sions to provide guidance for limitations and restrictions on athletic
attendance and activities.
The bill also expands the school personnel committed to serve on concus-
sion management teams.
 
JUSTIFICATION:
According to the Brain Injury Association of New York State, more than
30,000 children between the ages of 5 and 19 are seen yearly in emergen-
cy departments for possible "mild traumatic brain injuries," more
commonly known as concussions. In 2014, 4,000 of these children were
seen for sports-related TBIs. Sadly, the true numbers are likely higher,
as those estimates don't include those made outside of emergency depart-
ments, such as those made by primary care physicians.
Concussions can cause headaches, nausea, vomiting, dizziness, blurred
vision, sensitivity to noise and light, concentration and memory issues,
and confusion or grogginess. In children, concussions can, be partic-
ularly serious and can create learning difficulties for an extended
period of time, depending on the severity of the concussion.
The Concussion Management Awareness Act of 2011 (CMAA) created important
safeguards and guidance for New York's public schools to protect student
who suffer concussions, ensuring that they do not return to athletics or
other high-risk--activities too soon and risk suffering an additional
traumatic brain injury. The CMAA required public school coaches, P.E.
teachers, nurses, and athletic trainers to complete a course of instruc-
tion on concussion recognition and prevention. It also required the
immediate removal from athletic activities of any student believed to
have sustained a concussion and created guidelines for their return to
athletics, and authorized the creation of concussion management teams
for each school or school district.
However, although the CMAA was an important first step towards protect-
ing students from concussions, there are actions New York should take to
increase protections for students. This bill would update the CMAA to
codify SED guidance that students should return to the classroom with no
limitations before they resume athletic activities. It would also expand
the list of professionals authorized to approve a students return to
athletic activity, as well as those qualified to serve on a school's
concussion management team.
 
PRIOR LEGISLATIVE HISTORY:
S.3184 of 2023-2024 (Hoylman-Sigal): Died in Education
S.1074-A of 2021-2022 (Hoylman): Died in Education
A.2564-A of 2021-2022 (Fall): Died in Education
S.8550 of 2020 (Hoylman): Died in Rules A.10648 of 2020 (Fall): Died in
Education
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law.

Statutes affected:
S5499A: 305 education law, 305(42) education law