PRINTER'S NO. 1340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1262
Session of
2021
INTRODUCED BY MARKOSEK, T. DAVIS, KINSEY, DIAMOND, SCHLOSSBERG,
LONGIETTI, SANCHEZ, HOHENSTEIN, MALAGARI, KULIK, HILL-EVANS,
CIRESI, DEASY, PISCIOTTANO, O'MARA AND SCHWEYER,
APRIL 21, 2021
REFERRED TO COMMITTEE ON EDUCATION, APRIL 21, 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 management and treatment plan, for seizure
disorder management and fist aid liability, for acts not
considered delegation for seizure disorder care and for
liability.
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 sections
to read:
Section 1414.11. Seizure Management and Treatment Plan.--(a)
The parent or guardian of a student with a seizure disorder may
seek care for the student's seizures while the student is at
school or participating in a school activity by submitting to
the school entity where the student is enrolled a copy of a
seizure management and treatment plan developed by the parent or
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guardian and the family physician responsible for the student's
seizure management and treatment.
(b) The seizure management and treatment plan submitted
under subsection (a) may be reviewed by the school entity to
determine if the plan satisfies the criteria under subsection
(c):
(1) before or at the beginning of the school year;
(2) on the date of the enrollment of the student if the
student enrolls in the school entity after the beginning of the
school year; or
(3) as soon as practicable following a diagnosis of a
seizure disorder for the student.
(c) A seizure management and treatment plan shall:
(1) identify the health care services that the student may
receive while at school or participating in a school activity;
(2) evaluate the student's ability to manage the ongoing
maintenance of the student's seizure disorder; and
(3) be signed by the student's parent or guardian and the
family physician responsible for the student's seizure
management and treatment.
(d) As used in this section, "school entity" means any
public school, charter school, cyber charter school, private
school, nonpublic school, intermediate unit or area vocational-
technical school.
Section 1414.12. Seizure Disorder Management and First Aid
Liability.--(a) Nothing in the provisions under sections
1414.11 shall be construed to establish or expand any civil
liability on the part of a school entity or school employe.
(b) As used in this section, "school entity" means any
public school, charter school, cyber charter school, private
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school, nonpublic school, intermediate unit or area vocational-
technical school.
Section 1414.13. Acts Not Considered Delegation for Seizure
Disorder Care.--Notwithstanding any other law to the contrary,
coordinating or supervising the provision of seizure disorder
care under section 1414.11 shall not be construed as a
delegation by a health care practitioner.
Section 1414.14. Liability.--(a) A school district or
school district employe or agent, acting in good faith and in
substantial compliance with a student's seizure management and
treatment plan and the instructions of the student's family
physician, shall not be subject to any criminal or civil
liability or any professional disciplinary action.
(b) A health care practitioner who acts in accordance with
section 1414.11 when coordinating or supervising care for a
student shall not be subject to any criminal or civil liability
or any professional disciplinary action.
Section 2. The addition of sections 1414.11, 1414.12,
1414.13, and 1414.14 of the act shall apply to the 2021-2022
school year and each school year thereafter.
Section 3. This act shall take effect in 60 days.
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