OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 373 Bill Analysis
134th General Assembly
Click here for H.B. 373’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Ingram
Effective Date:
Allison Schoeppner, Research Analyst
SUMMARY
 Requires public schools and chartered nonpublic schools, in collaboration with parents
or guardians, appropriate licensed healthcare professionals, and school nurses to create
an individualized seizure action plan for each enrolled student who is diagnosed with a
seizure disorder.
 Requires a school nurse, or other district employee, to coordinate seizure care at the
school and ensure that all staff receive training every two years in the care of students
with epilepsy and seizure disorders.
 Applies the general law on the administration of drugs to community schools, STEM
schools, and college-preparatory boarding schools.
 Entitles the act “Sarah’s Law.”
DETAILED ANALYSIS
Student seizure action plans
The bill requires city, local, exempted village, and joint vocational school districts, other
public schools (community schools, STEM schools, and college-preparatory boarding schools),
and chartered nonpublic schools to create an individualized seizure action plan for each student
diagnosed with a seizure disorder. The plan must be created in collaboration with the student’s
parent or guardian, appropriate licensed healthcare professionals (preferably neurologists or
epileptologists), and school nurses. Each student’s plan must include:
1. A written request signed by a parent, guardian, or other person having care or charge of
the student approving the seizure action plan and giving permission for seizure
medication to be administered to the student;
2. A written statement detailing all of the following:
a. Name and purpose of medication;
February 11, 2022
Office of Research and Drafting LSC Legislative Budget Office
b. The prescribed dosage;
c. The route of administration;
d. The frequency the medication may be administered; and
e. The circumstances under which the medication may be administered.
3. A written notice to staff and volunteers responsible for the direct supervision of the
student, including bus drivers, describing the plan and identifying the person or persons
who have received training in epilepsy and other seizure disorders, as described below.1
Staff training requirements
The bill requires a school nurse, or other district employee if a district does not have a
school nurse, to coordinate epilepsy and seizure disorder care at that school and ensure that all
staff are trained every two years in the care of students with epilepsy and seizure disorders.
The bill specifically states that the term “staff” includes those working with school-sponsored
programs outside of the regular school day.2
The bill requires that the training include an approved online or in-person course of
instruction provided by a nonprofit organization that supports the welfare of individuals with
epilepsy and seizure disorders, such as Epilepsy Alliance Ohio or another similar organization as
determined by the Department of Education. It further states that any seizure training program
on portable media approved by the Department will be provided by the nonprofit entity free of
charge.3
Student attendance
The bill prohibits preventing a student with a seizure disorder from attending the school
the student is entitled to attend under continuing law. However, if a student has an
individualized education plan (IEP) or 504 plan that specifies that the student’s health condition
requires the student’s care to be provided by a licensed health care professional at a different
school, the student must be placed in the school specified in that plan.4
Qualified immunity
The bill provides a qualified immunity in a civil action for money damages for a school,
school district, members of a school district board or school governing authority, and a district’s
or school’s employees for injury, death, or other loss allegedly arising from executing duties
1 R.C. 3313.713(J)(1).
2 R.C. 3313.713(J)(2)(a).
3 R.C. 3313.713(J)(2)(b).
4R.C. 3313.713(J)(3); see also R.C. 3323.01, not in the bill, and Section 504 of the “Rehabilitation Act of
1973,” 29 United States Code 794.
P a g e |2 H.B. 373
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
under the bill. The immunity does not apply if the execution of duties or omission thereof
constitutes willful or wanton misconduct.5
Administration of drugs by schools generally
Besides the new seizure action plan requirement, the bill also makes the current law on
the administration of drugs applicable to community schools, STEM schools, and college-
preparatory boarding schools. Currently, that law applies only to school districts and chartered
nonpublic schools.
That law requires a school to have a general policy on the administration of drugs that
have been prescribed for its students. That policy must either (1) prohibit its employees from
administering prescription drugs or (2) authorize designated employees to do so. A school that
permits the administration of prescription drugs must adopt a policy designating the employees
authorized to administer them. Those employees must be licensed health professionals or
individuals who have completed a drug administration training program conducted by a
licensed health professional and considered appropriate by the district board or school
governing authority. Conversely, if a district or school that does not permit the administration
of prescription drugs, it must adopt a policy stating that no employee may do so, except as
required by federal special education law.6
HISTORY
Action Date
Introduced 07-12-21
H0373-I-134/ks
5 R.C. 3313.713(J)(4).
6 R.C. 3313.713(A) to (I).
P a g e |3 H.B. 373
As Introduced


Statutes affected:
As Introduced: 3313.713, 3314.03, 3326.11, 3328.24