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PRIOR PRINTER'S NO. 394
PRINTER'S NO. 963
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
416
Session of
2021
INTRODUCED BY QUINN, PICKETT, BROOKS, THOMAS, HOWARD, WARREN,
O'MARA, BERNSTINE, LAWRENCE, GILLEN, KRUEGER AND HERRIN,
FEBRUARY 4, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 17, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for seizure recognition and related first aid training.
This act may be referred to as the DOMinate Epilepsy Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1414.11. Seizure Recognition and Related First Aid
Training.-- (a) Beginning with the school year 2021-2022 and
each year thereafter:
(1) A school nurse may complete a Department of Health
approved online course of instruction or in-person training for
school nurses regarding management of a student with seizures
that includes information about seizure recognition, a seizure
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action plan and related first aid.
(2) A professional employe of a school entity, other than a
school nurse, whose duties at the school entity include direct
contact with students may complete a Department of Health
HEALTH-APPROVED online course of instruction or in-person
training regarding awareness of a student with seizures that
includes information about seizure recognition and related first
aid.
(3) Training under this section shall be provided at no cost
and credited toward a professional educator's continuing
professional education requirement under section 1205.2, any
staff development requirements for paraprofessionals under 22
Pa. Code § 14.105 (relating to personnel) and a school or system
leader's continuing professional education requirement under
section 1205.5.
(4) Completion of seizure disorder training shall not be
construed to obligate a professional employe to administer
medication or provide medical care to a student with a seizure
disorder.
(5) A professional employe acting in good faith and within
the scope of the authority provided under this section shall not
be liable for civil damages as a result of an act or omission in
the course of any training or related first aid under this
section.
(6) The NO LATER THAN JUNE 30, 2021, THE Department of
Health, in consultation with the Department of Education, shall
identify , develop or AND approve an online course of instruction
or in-person training provided by a nonprofit national
foundation no later than June 30, 2021, that supports the
welfare of individuals with epilepsy and seizure disorders to
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satisfy the training required under this section.
(7) The Department of Health, in consultation with the
Department of Education, shall adopt guidelines to administer
this section.
(B) THE FOLLOWING SHALL APPLY:
(1) THE DEPARTMENT OF HEALTH SHALL PROVIDE A NONPUBLIC
SCHOOL WITH ACCESS TO THE APPROVED ONLINE COURSE OF INSTRUCTION
OR IN-PERSON TRAINING REGARDING AWARENESS OF A STUDENT WITH
SEIZURES THAT INCLUDES INFORMATION ABOUT SEIZURE RECOGNITION AND
RELATED FIRST AID AT NO COST. THE ACCESS TO AND COMPLETION OF
SEIZURE DISORDER TRAINING BY NONPUBLIC SCHOOL EMPLOYES SHALL NOT
BE CONSTRUED TO DO ANY OF THE FOLLOWING:
(I) CREATE, ESTABLISH OR EXPAND ANY OBLIGATIONS ON THE PART
OF A NONPUBLIC SCHOOL TO COMPLY WITH SECTION 504 OF THE
REHABILITATION ACT OF 1973 (PUBLIC LAW 93-112, 29 U.S.C. § 794).
(II) CREATE, ESTABLISH, RESULT IN OR EXPAND ANY CONTRACTUAL
OBLIGATIONS ON THE PART OF A NONPUBLIC SCHOOL.
(2) NO NONPUBLIC SCHOOL EMPLOYE OR NONPUBLIC SCHOOL SHALL BE
LIABLE FOR CIVIL DAMAGES AS A RESULT OF AN ACT OR OMISSION IN
THE COURSE OF ANY TRAINING OR RELATED FIRST AID UNDER THIS
SECTION EXCEPT THAT AN EMPLOYE MAY BE LIABLE FOR WILLFUL
MISCONDUCT.
(b) (C) For purposes of this section, the following terms
shall have the following meanings:
"NONPUBLIC SCHOOL." A NONPROFIT SCHOOL, OTHER THAN A PUBLIC
SCHOOL IN THIS COMMONWEALTH, WHEREIN A RESIDENT OF THIS
COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY SCHOOL
ATTENDANCE REQUIREMENTS OF THIS ACT AND WHICH MEETS THE
APPLICABLE REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF
1964 (PUBLIC LAW 88-352, 78 STAT. 241).
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"Professional employe." The term shall have the meaning
given in section 1101.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school or regional charter school.
Section 2. This act shall take effect immediately.
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