[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5065 Introduced in Senate (IS)]

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118th CONGRESS
  2nd Session
                                S. 5065

    To amend the Elementary and Secondary Education Act of 1965 to 
 authorize a grant program to support students who have epilepsy or a 
                           seizure disorder.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2024

  Mr. Booker introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the Elementary and Secondary Education Act of 1965 to 
 authorize a grant program to support students who have epilepsy or a 
                           seizure disorder.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seizure Awareness and Preparedness 
Act''.

SEC. 2. GRANT PROGRAM TO SUPPORT STUDENTS WHO HAVE EPILEPSY OR A 
              SEIZURE DISORDER.

    (a) In General.--Title IV of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end 
the following:

  ``PART G--GRANT PROGRAM TO SUPPORT STUDENTS WHO HAVE EPILEPSY OR A 
                            SEIZURE DISORDER

``SEC. 4701. GRANT PROGRAM TO SUPPORT STUDENTS WHO HAVE EPILEPSY OR A 
              SEIZURE DISORDER.

    ``(a) Definitions.--In this section:
            ``(1) Individualized emergency health care plan.--The term 
        `individualized emergency health care plan' means a document 
        developed by a student's health care provider, in consultation 
        with the parent of a student with epilepsy or a seizure 
        disorder, other appropriate medical professionals who may be 
        providing epilepsy or seizure disorder care to the student, and 
        the school nurse, which outlines a set of procedural guidelines 
        that provide specific directions about what to do in a 
        particular emergency situation and is signed by the health care 
        provider, the parent, and the school nurse.
            ``(2) Individualized health care plan.--The term 
        `individualized health care plan' means a document developed by 
        a student's health care provider, in consultation with the 
        parent of a student with epilepsy or a seizure disorder, other 
        appropriate medical professionals who may be providing epilepsy 
        or seizure disorder care to the student, and the school nurse, 
        which is consistent with the recommendations of the student's 
        health care provider and which sets out the health services 
        needed by the student at school and is signed by the health 
        care provider, the parent, and the school nurse.
    ``(b) Authorization of Grant Program.--The Secretary shall award 
grants to States, on a competitive basis, to enable the States to award 
subgrants to local educational agencies to carry out a program that 
supports students with epilepsy and seizure disorders in schools.
    ``(c) Applications for Grants.--A State that desires to receive a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require.
    ``(d) Subgrants Authorized.--
            ``(1) In general.--A State that receives a grant under this 
        section shall use the grant funds to award subgrants to local 
        educational agencies to enable the local educational agencies 
        to carry out a program that funds training of school personnel 
        on seizure awareness and preparedness that covers 
        individualized health care plans and individualized emergency 
        health care plans for students who have epilepsy or a seizure 
        disorder.
            ``(2) Applications for subgrants.--A local educational 
        agency that desires to receive a subgrant under this subsection 
        shall submit an application to the State at such time, in such 
        manner, and accompanied by such information as the State may 
        require.
            ``(3) Use of subgrant funds.--
                    ``(A) In general.--
                            ``(i) Required use.--A local educational 
                        agency that receives a subgrant under this 
                        subsection shall use the subgrant funds to 
                        carry out a program in the elementary schools 
                        and secondary schools served by such agency to 
                        fund training of school personnel on seizure 
                        awareness and preparedness that covers 
                        individualized health care plans and 
                        individualized emergency health care plans for 
                        students who have epilepsy or a seizure 
                        disorder.
                            ``(ii) Permissive uses.--A local 
                        educational agency that receives a subgrant 
                        under this subsection may use the subgrant 
                        funds for--
                                    ``(I) training of school personnel 
                                to administer or assist with the 
                                administration of seizure medications;
                                    ``(II) training and education of 
                                students on seizure awareness and 
                                preparedness;
                                    ``(III) recruiting, hiring, and 
                                retaining dedicated compliance staff 
                                who are responsible for ensuring that 
                                all training and program requirements 
                                related to seizure awareness, 
                                preparedness, and management are 
                                consistently met; and
                                    ``(IV) other activities or programs 
                                determined appropriate by the 
                                Secretary.
                    ``(B) Information included.--It is recommended that 
                each individualized health care plan and each 
                individualized emergency health care plan include the 
                following information:
                            ``(i) Written orders from the student's 
                        physician or advanced practice nurse outlining 
                        the epilepsy or seizure disorder care.
                            ``(ii) The symptoms of the epilepsy or 
                        seizure disorder for that particular student 
                        and recommended care.
                            ``(iii) Full participation in exercise and 
                        sports, and any contraindications to exercise, 
                        or accommodations that shall be made for that 
                        particular student.
                            ``(iv) Accommodations for school trips, 
                        after-school activities, class parties, and 
                        other school-related activities.
                            ``(v) Education of all school personnel 
                        about epilepsy and seizure disorders, how to 
                        recognize and provide care for epilepsy and 
                        seizure disorders, and when to call for 
                        assistance.
                            ``(vi) Medical and treatment issues that 
                        may affect the educational process of the 
                        student with epilepsy or the seizure disorder.
                            ``(vii) The student's ability to manage, 
                        and the student's level of understanding of, 
                        the student's epilepsy or seizure disorder.
                            ``(viii) How to maintain communication with 
                        the student, the student's parent and health 
                        care team, the educational staff, and the 
                        school nurse.
                    ``(C) Training required.--
                            ``(i) In general.--Each local educational 
                        agency carrying out a program supported with 
                        subgrant funds shall ensure that the school 
                        nurse assigned to a particular elementary 
                        school or secondary school supported by the 
                        program--
                                    ``(I) coordinates the provision of 
                                epilepsy and seizure disorder care at 
                                such school; and
                                    ``(II) ensures that all staff are 
                                trained not less often than every 2 
                                years in the care of students with 
                                epilepsy and seizure disorders, 
                                including staff working with school-
                                sponsored programs outside of the 
                                regular school day, as provided in 
                                individualized health care plans and 
                                individualized emergency health care 
                                plans.
                            ``(ii) Instruction.--The training required 
                        under clause (i) shall include a Department of 
                        Education-approved on-line or in-person course 
                        of instruction provided by 1 or more nonprofit 
                        national organizations that support the welfare 
                        of individuals with epilepsy and seizure 
                        disorders.
                    ``(D) School bus drivers.--Each local educational 
                agency carrying out a program supported with subgrant 
                funds shall ensure that each school bus driver who 
                transports a student with epilepsy or a seizure 
                disorder receives notice of the student's condition, 
                information on how to provide care for epilepsy or the 
                seizure disorder, emergency contact information, 
                epilepsy and seizure disorder recognition and first aid 
                training, and parent contact information.
                    ``(E) Release.--Each local educational agency 
                carrying out a program supported with subgrant funds 
                shall ensure that the school nurse assigned to a 
                particular elementary school or secondary school 
                supported by the program obtains a release from each 
                parent of a student with epilepsy or a seizure disorder 
                who requests an individualized health care plan or an 
                individualized emergency health care plan, to authorize 
                the sharing of medical information between the 
                student's physician or advanced practice nurse and 
                other health care providers.
                    ``(F) No liability.--No school employee, including 
                a school nurse, a school bus driver, a school bus aide, 
                or any other officer or agent of a local educational 
                agency, shall be held liable for any good faith act or 
                omission consistent with the provisions of this 
                section. Good faith shall not include willful 
                misconduct, gross negligence, or recklessness.
    ``(e) Supplement; Not Supplant.--Grant and subgrant funds provided 
under this section shall be used to supplement, not supplant, other 
Federal or State funds available to carry out activities described in 
this section.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $34,500,000 for the period of 
fiscal years 2024 through 2028.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by inserting 
after the item relating to section 4644 the following new items:

  ``Part G--Grant Program To Support Students Who Have Epilepsy or a 
                            Seizure Disorder

``Sec. 4701. Grant program to support students who have epilepsy or a 
                            seizure disorder.''.
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