§ 20-2-779-3 — Seizure action plan; form; liability

Georgia § 20-2-779-3

• Jurisdiction: Georgia
• Title: 20

Text

(a) As used in this Code section, the term: (1) "School" means any elementary or secondary public school located within this state. (2) "School employee" means any person employed by a local board of education, the governing body of a charter school, or any person employed by a local health department who is assigned to a public school. (3) "Seizure action plan" or "plan" means a document developed by the parent or guardian of a student being treated for epilepsy or a seizure disorder and the physician responsible for the student's epilepsy or seizure disorder treatment. Such document shall set out the support and services the student may need to be provided while such student is at school or participating in a school related function and outline a set of procedural guidelines that provide specific directions about what to do in particular emergency situations. (4) "Trained seizure action plan personnel" means a school employee who is trained in accordance with this Code section. Such employee shall not be required to be a healthcare professional. (b) (1) The parent or guardian of a student being treated for epilepsy or a seizure disorder may seek support and services for the student's seizures while the student is at school or participating in a school related function by annually submitting to the local school system or school at which the student is enrolled a copy of a seizure action plan. (2) A parent or guardian of a student who elects to seek support and services as provided in paragraph (1) of this subsection shall submit a seizure action plan upon such student's enrollment, by the beginning of each school year the student is enrolled, and as soon as practicable following the student being diagnosed with epilepsy or a seizure disorder or following a change to such diagnosis or such plan. Such seizure action plan shall be submitted in writing and shall: (A) Identify the student's particular diagnosis of epilepsy or seizure disorder and describe such student's particular symptoms, including typical frequency, length, characteristics, and, if applicable, any precursors or triggers; (B) Identify the support and services the student may need to be provided while such student is at school or participating in school related functions, including support and services in response to emergency conditions; (C) List and describe the student's daily and emergency medications related to such student's treatment for epilepsy or a seizure disorder and any other medications deemed relevant by the parent or guardian and the physician responsible for such student's epilepsy or seizure disorder treatment, including, but not limited to, any rescue medication prescribed by such physician and guidance on how to identify how and when to administer such medication; (D) Identify any special considerations and safety precautions and emergency procedures to be considered by the local school system, school, or school employees to facilitate the student's access to and participation in the education program and school related functions; (E) Describe such student's level of understanding of and ability to manage his or her epilepsy or seizure disorder; (F) Include complete and updated contact information for the student's parents or guardians and the physician responsible for such student's epilepsy or seizure disorder treatment; (G) Include a statement of acknowledgment and release from the student's parent or guardian authorizing the sharing of medical information between such student's physician and other healthcare providers, and authorizing the designated school nurse to share medical information with other school employees as necessary; and (H) Be signed by the student's parent or guardian and the physician responsible for such student's epilepsy or seizure disorder treatment. (3) A seizure action plan submitted on behalf of a student by a parent or guardian seeking support and services provided for in paragraph (1) of this subsection shall be reviewed by the local school system or school upon such student's enrollment, by the beginning of each school year the student is enrolled, and as soon as practicable following the student being diagnosed with epilepsy or a seizure disorder or following a change to such diagnosis or such plan. (c) A student's school choice shall in no way be restricted because the student has a seizure action plan. (d) (1) (A) In accordance with the request of a parent or guardian of a student being treated for epilepsy or a seizure disorder and the reviewed submission of such student's seizure action plan, a school nurse or, in the absence of a school nurse, trained seizure action plan personnel shall be onsite at each school where a student with a seizure action plan is enrolled and shall be available during regular school hours to provide support and services to the student in accordance with the student's seizure action plan. In the event that a school nurse or trained seizure action plan personnel are unavailable to provide such support and services, other school personnel shall be authorized to commence emergency procedures, including, but not limited to, contacting 911 emergency services. (B) For purposes of field trips or school related functions which parents or guardians are permitted to attend, the parent or guardian of a student with a seizure action plan, or a designee of such parent or guardian, may accompany such student in lieu of a school nurse or trained seizure action plan personnel. (C) (i) A copy of the seizure action plan for each student with a seizure action plan enrolled in a school shall be readily available at all times to school personnel working in the main office and school clinic. (ii) A copy of the seizure action plan for each student with a seizure action plan attending a field trip or other school related function away from the school shall be readily available to school personnel with designated responsibility for the supervision of such students. (2) The activities set forth in subparagraph (A) of paragraph (1) of this subsection shall not constitute the practice of nursing and shall be exempted from all applicable statutory and regulatory provisions that restrict what activities can be delegated to or performed by a person who is not a licensed healthcare professional. (3) The activities set forth in subparagraph (A) of paragraph (1) of this subsection are incident to or within the scope of the duties of the school employee's position of employment and involve the exercise of judgment or discretion on the part of the school employee. (e) (1) No later than August 1, 2023, the Department of Education shall develop a model seizure action plan form, which may be revised from time to time, and shall post such model form on its website in order to assist local school systems and schools. The model form shall comport with the requirements provided in paragraph (2) of subsection (b) of this Code section. (2) (A) No later than August 1, 2023, the Department of Education shall develop guidelines for the training of school nurses and school employees in implementing seizure action plans and providing support and services for students being treated for epilepsy or a seizure disorder. Such training guidelines shall include instruction in: (i) Basic understanding of epilepsy and seizure disorders; (ii) Medical and treatment issues associated with epilepsy and seizure disorders that can affect the educational process for students being treated for epilepsy or a seizure disorder; (iii) Assessing a student's level of understanding of and ability to manage his or her epilepsy or seizure disorder; (iv) Recognizing common symptoms associated with epilepsy and seizure disorders; (v) Recognizing complications that require emergency assistance; (vi) Providing support and services, including, but not limited to, first aid, to students under a seizure action plan; and (vii) Maintaining communication with the student, the student's parent or guardian, the school nurse, and the student's teachers. (B) The Department of Education may approve an online course provided by a qualified nonprofit organization that supports the welfare of individuals with epilepsy and seizure disorders to satisfy the training requirements provided for in paragraphs (1) and (2) of subsection (f) of this Code section. (f) (1) (A) Each local board of education and charter school governing body shall ensure that the training outlined in paragraph (2) of subsection (e) of this Code section is provided to at least one member of school personnel per grade at each school attended by a student being treated for epilepsy or a seizure disorder. (B) The training required by subparagraph (A) of this paragraph shall be coordinated and provided by a healthcare professional and shall be based on guidelines developed by the Department of Education as provided for in subparagraph (e)(2)(A) of this Code section. (C) A school employee shall not be subject to any penalty or disciplinary action for refusing to serve as trained seizure action plan personnel. (2) Each local school system and charter school governing body shall provide to all bus drivers responsible for the transportation of a student being treated for epilepsy or a seizure disorder with notice of the student's condition; the student's emergency contact information; the student's parent or guardian contact information; and epilepsy and seizure disorder first aid training. (g) No physician, nurse, school employee, local school system, or charter school governing body shall be liable for civil damages or subject to disciplinary action under professional licensing regulations or school disciplinary policies as a result of the activities authorized or required by this Code section when such acts are committed as an ordinarily reasonably prudent physician, nurse, school employee, local school system, or charter school governing body would have acted under the same or similar circumstances. (h) A private school which complies with the requirements of this Code section shall have the same limited liability for such school and its employees in the same manner as for public schools as provided for in subsection (g) of this Code section.

Legislative History

Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024. Added by 2023 Ga. Laws 11,§ 2, eff. 7/1/2023.