[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4876-S4879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2160. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:
At the end of title X, add the following:
PART C--SAFE PLAY
SEC. 10301. SHORT TITLE.
This part may be cited as the ``Supporting Athletes,
Families and Educators to Protect the Lives of Athletic Youth
Act'' or the ``SAFE PLAY Act''.
SEC. 10302. EDUCATION, AWARENESS, AND TRAINING ABOUT
CHILDREN'S CARDIAC CONDITIONS TO INCREASE EARLY
DIAGNOSIS AND PREVENT DEATH.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399V-6. MATERIALS AND EDUCATIONAL RESOURCES TO
INCREASE AWARENESS OF CARDIOMYOPATHY AND OTHER
HIGHER RISK CHILDHOOD CARDIAC CONDITIONS AMONG
SCHOOL ADMINISTRATORS, EDUCATORS, COACHES,
STUDENTS AND FAMILIES.
``(a) Materials and Resources.--Not later than 18 months
after the date of enactment of the SAFE PLAY Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention (referred to in this section
as the `Director') and in consultation with national patient
advocacy and health professional organizations experts in
cardiac health, including all forms of cardiomyopathy, shall
develop public education and awareness materials and
resources to be disseminated to school administrators,
educators, school health professionals, coaches, families,
and other appropriate individuals. The materials and
resources shall include--
``(1) information to increase education and awareness of
high risk cardiac conditions and genetic heart rhythm
abnormalities that may cause sudden cardiac arrest in
children, adolescents, and young adults, including--
``(A) cardiomyopathy;
``(B) conditions such as long QT syndrome, Brugada
syndrome, catecholaminergic polymorphic ventricular
tachycardia, short QT syndrome, Wolff-Parkinson-White
syndrome; and
``(C) other cardiac conditions, as determined by the
Secretary;
``(2) sudden cardiac arrest and cardiomyopathy risk
assessment worksheets to increase awareness of warning signs
and symptoms of life-threatening cardiac conditions in order
to prevent acute cardiac episodes and increase the likelihood
of early detection and treatment;
``(3) information and training materials for emergency
interventions such as cardiopulmonary resuscitation (referred
to in this section and in section 399V-7 as `CPR') and ways
to obtain certification in CPR delivery;
``(4) guidelines and training materials for the proper
placement and use of life-saving emergency equipment such as
automatic external defibrillators (referred to in this
section and section 399V-7 as `AED') and ways to obtain
certification on AED usage; and
``(5) recommendations for how schools, childcare centers,
and local youth athletic organizations can develop and
implement cardiac emergency response plans, including
recommendations about how a local educational agency (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) can apply such
response plans to all students enrolled in the public schools
served by such local educational agency.
``(b) Development of Materials and Resources.--The
Secretary, acting through the Director, shall develop and
update, as necessary and appropriate, the materials and
resources described in subsection (a) and, in support of such
effort, the Secretary is encouraged to establish an advisory
panel that includes the following members:
``(1) Representatives from national patient advocacy
organizations, including--
``(A) not less than 1 organization dedicated to pediatrics;
``(B) not less than 1 organization dedicated to school-
based wellness;
``(C) not less than 1 organization dedicated to cardiac
research, health, and awareness; and
``(D) not less than 1 organization dedicated to advocacy
and support for individuals with cognitive impairments or
developmental disabilities.
``(2) Representatives of medical professional societies,
including pediatrics, cardiology, emergency medicine, and
sports medicine.
``(3) A representative of the Centers for Disease Control
and Prevention.
``(4) Representatives of other relevant Federal agencies.
``(5) Representatives of schools, such as administrators,
educators, sports coaches, and nurses.
``(c) Dissemination of Materials and Resources.--Not later
than 30 months after the date of enactment of the SAFE PLAY
Act, the Secretary, acting through the Director, shall
disseminate the materials and resources described in
subsection (a) in accordance with the following:
``(1) Distribution by state educational agencies.--The
Secretary shall make available such written materials and
resources to State educational agencies (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) to distribute--
``(A) to school administrators, educators, school health
professionals, coaches, and parents, guardians, or other
caregivers, the cardiomyopathy education and awareness
materials and resources described in subsection (a);
``(B) to parents, guardians, or other caregivers, the
cardiomyopathy and sudden cardiac arrest risk assessment
worksheets described in subsection (a)(2);
``(C) to school administrators, school health
professionals, and coaches--
``(i) the information and training materials described in
subsection (a)(3); and
``(ii) the guidelines and training materials described in
subsection (a)(4); and
``(D) to school administrators, educators, coaches, and
youth sports organizations, the recommendations described in
subsection (a)(5).
[[Page S4877]]
``(2) Dissemination to health departments and
professionals.--The Secretary shall make available such
materials and resources to State and local health
departments, pediatricians, hospitals, and other health
professionals, such as nurses and first responders.
``(3) Dissemination of information through the internet.--
``(A) CDC.--
``(i) In general.--The Secretary, acting through the
Director, shall post the materials and resources developed
under subsection (a) on the public Internet website of the
Centers for Disease Control and Prevention.
``(ii) Maintenance of information.--The Director shall
maintain on such Internet website such additional and updated
information regarding the resources and materials under
subsection (a) as necessary to ensure such information
reflects the latest standards.
``(B) State educational agencies.--State educational
agencies are encouraged to create Internet webpages dedicated
to disseminating the information and resources developed
under subsection (a) to the general public, with an emphasis
on targeting dissemination to families of students and
students.
``(4) Accessibility of information.--The information
regarding the resources and materials under subsection (a)
shall be made available in a format and in a manner that is
readily accessible to individuals with cognitive and sensory
impairments.
``(d) Report to Congress.--Not later than 3 years after the
date of the enactment of this section, and annually
thereafter, the Secretary shall submit to Congress a report
identifying the steps taken to increase public education and
awareness of higher risk cardiac conditions that may lead to
sudden cardiac arrest.
``(e) Definitions.--In this section:
``(1) School administrators.--The term `school
administrator' means a principal, director, manager, or other
supervisor or leader within an elementary school or secondary
school (as such terms are defined under section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)), State-based early education program, or childcare
center.
``(2) Schools.--The term `school' means an early education
program, childcare center, or elementary school or secondary
school (as such terms are so defined) that is not an
Internet- or computer-based community school.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal years 2016 through 2021.
``SEC. 399V-7. GRANTS TO PROVIDE FOR CARDIAC TRAINING AND
EQUIPMENT IN PUBLIC ELEMENTARY, MIDDLE, AND
SECONDARY SCHOOLS.
``(a) Authority To Make Grants.--The Secretary, in
consultation with the Secretary of Education, shall award
grants to eligible local educational agencies--
``(1) to enable such local educational agencies to purchase
AEDs and implement nationally recognized CPR and AED training
courses; or
``(2) to enable such local educational agencies to award
funding to eligible schools that are served by the local
educational agency to purchase AEDs and implement nationally
recognized CPR and AED training courses.
``(b) Use of Funds.--An eligible local educational agency
receiving a grant under this section, or an eligible school
receiving grant funds under this section through an eligible
local educational agency, shall use the grant funds--
``(1) to pay a nationally recognized training organization,
such as the American Heart Association, the American Red
Cross, or the National Safety Council, for instructional,
material, and equipment expenses associated with the training
necessary to receive CPR and AED certification in accordance
with the materials and resources developed under section
399V-6(a)(3); or
``(2) if the local educational agency or an eligible school
served by such agency meets the conditions described under
subsection (c)(2), to purchase AED devices for eligible
schools and pay the costs associated with obtaining the
certifications necessary to meet the guidelines established
in section 399V-6(a)(4).
``(c) Grant Eligibility.--
``(1) Application.--To be eligible to receive a grant under
this section, a local educational agency shall submit an
application to the Secretary at such time, in such manner,
and containing such information and certifications as such
Secretary may reasonably require.
``(2) AED training and allocation.--To be eligible to use
grant funds to purchase AED devices as described in
subsection (b)(2), an eligible local educational agency shall
demonstrate to the Secretary that such local educational
agency or an eligible school served by such agency has or
intends to implement an AED training program in conjunction
with a CPR training program and has or intends to implement
an emergency cardiac response plan as of the date of the
submission of the grant application.
``(d) Priority of Award.--The Secretary shall award grants
under this section to eligible local educational agencies
based on 1 or more of the following priorities:
``(1) A demonstrated need for initiating a CPR or AED
training program in an eligible school or a community served
by an eligible school, which may include--
``(A) schools that do not already have an automated AED on
school grounds;
``(B) schools in which there are a significant number of
students on school grounds during a typical day, as
determined by the Secretary;
``(C) schools for which the average time required for
emergency medical services (as defined in section 330J(f)) to
reach the school is greater than the average time required
for emergency medical services to reach other public
facilities in the community; and
``(D) schools that have not received funds under the Rural
Access to Emergency Devices Act (42 U.S.C. 254c note).
``(2) A demonstrated need for continued support of an
existing CPR or AED training program in an eligible school or
a community served by an eligible school.
``(3) A demonstrated need for expanding an existing CPR or
AED training program by adding training in the use of an AED.
``(4) Previously identified opportunities to encourage and
foster partnerships with and among community organizations,
including emergency medical service providers, fire and
police departments, nonprofit organizations, public health
organizations, parent-teacher associations, and local and
regional youth sports organizations to aid in providing
training in both CPR and AED usage and in obtaining AED
equipment.
``(5) Recognized opportunities to maximize the use of funds
provided under this section.
``(e) Matching Funds Required.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible local educational agency shall
provide matching funds from non-Federal sources in an amount
equal to not less than 25 percent of the total grant amount.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1) for an eligible local educational agency if the
number of children counted under section 1124(c)(1)(A) of the
Elementary and Secondary Education Act of 1965 for the local
educational agency is 20 percent or more of the total number
of children aged 5 to 17, inclusive, served by the eligible
local educational agency.
``(f) Definitions.--In this section:
``(1) Eligible local educational agency.--The term
`eligible local educational agency' means a local educational
agency, as defined in section 9101 of the Elementary and
Secondary Education Act of 1965, that has established a plan
to follow the guidelines and carry out the recommendations
described under section 399V-6(a) regarding cardiac
emergencies.
``(2) Eligible school.--The term `eligible school' means a
public elementary, middle, or secondary school, including any
public charter school that is considered a local educational
agency under State law, and which is not an Internet- or
computer-based community school.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 2016
through 2021.
``SEC. 399V-8. REQUIREMENT TO INCLUDE CARDIAC CONDITIONS IN
EXISTING RESEARCH AND INVESTIGATIONS.
``The Director of the Centers for Disease Control and
Prevention shall develop data collection methods, to be
included in the School Health Policies and Practices Survey
authorized under section 301, that are being carried out as
of the date of enactment of the SAFE PLAY Act, to determine
the degree to which school administrators, educators, school
health professionals, coaches, families, and other
appropriate individuals have an understanding of cardiac
issues. Such data collection methods shall be designed to
collect information about--
``(a) the ability to accurately identify early symptoms of
a cardiac condition, such as cardiomyopathy, cardiac arrest,
and sudden cardiac death;
``(b) the dissemination of training described in section
399V-6(a)(3) regarding the proper performance of
cardiopulmonary resuscitation; and
``(c) the dissemination of guidelines and training
described in section 399V-6(a)(4) regarding the placement and
use of automatic external defibrillators.''.
SEC. 10303. GUIDELINES FOR EMERGENCY ACTION PLANS FOR
ATHLETICS.
The Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and
Prevention, and in consultation with the Secretary of
Education, shall work with stakeholder organizations to
develop recommended guidelines for the development of
emergency action plans for youth athletics. Such plans shall
include the following:
(1) Identifying the characteristics of an athletic,
medical, or health emergency.
(2) Procedures for accessing emergency communication
equipment and contacting emergency personnel, including
providing directions to the specific location of the athletic
venue that is used by the youth athletic group or
organization.
(3) Instructions for utilizing appropriate first-aid and
cardiopulmonary resuscitation techniques and accessing and
utilizing emergency equipment, such as an automatic external
defibrillator.
SEC. 10304. GUIDELINES FOR SAFE ENERGY DRINK USE BY YOUTH
ATHLETES.
(a) Development of Guidelines.--Not later than 2 years
after the date of enactment of this Act, the Secretary of
Health and Human Services, acting through the Commissioner of
Food and Drugs, in collaboration with the Director of the
Centers for
[[Page S4878]]
Disease Control and Prevention and other related Federal
agencies, may--
(1) develop information about the ingredients used in
energy drinks and the potential side effects of energy drink
consumption; and
(2) recommend guidelines for the safe use of energy drink
consumption by youth, including youth participating in
athletic activities.
(b) Dissemination of Guidelines.--Not later than 6 months
after any information or guidelines are developed under
subsection (a), the Secretary of Education, in coordination
with the Commissioner of Food and Drugs, shall disseminate
such information and guidelines to school administrators,
educators, school health professionals, coaches, families,
and other appropriate individuals.
(c) Energy Drink Defined.--In this section the term
``energy drink'' means a class of products in liquid form,
marketed as either a dietary supplement or conventional food
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.), for the stated purpose of providing the consumer
with added physical or mental energy, and that contains each
of the following:
(1) Caffeine.
(2) At least 1 of the following ingredients:
(A) Taurine.
(B) Guarana.
(C) Ginseng.
(D) B vitamins such as cobalamin, folic acid, pyridoxine,
or niacin.
(E) Any other ingredient added for the express purpose of
providing physical or mental energy, as determined during the
development of guidelines in accordance with subsection (a).
(d) Prohibition on Restriction of Marketing and Sales of
Energy Drinks.--Nothing in this section shall be construed to
provide the Commissioner of Food and Drugs with authority to
regulate the marketing and sale of energy drinks, beyond such
authority as such Commissioner has as of the date of
enactment of this Act.
SEC. 10305. RESEARCH RELATING TO YOUTH ATHLETIC SAFETY.
(a) Expansion of CDC Research.--Section 301 of the Public
Health Service Act (42 U.S.C. 241) is amended by adding at
the end the following:
``(f) The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall, to the
extent practicable, expand, intensify, and coordinate the
activities of the Centers for Disease Control and Prevention
with respect to cardiac conditions, concussions, and heat-
related illnesses among youth athletes.''.
(b) Report to Congress.--Not later than 6 years after the
enactment of this Act, the Director of the Centers for
Disease Control and Prevention and the Secretary of Education
shall prepare and submit a joint report to Congress that
includes information, with respect to the 5-year period
beginning after the date of enactment of this Act, about--
(1) the number of youth fatalities that occur while a youth
is participating in an athletic activity, and the cause of
each of those deaths; and
(2) the number of catastrophic injuries sustained by a
youth while the youth is participating in an athletic
activity, and the cause of such injury.
Between sections 9115 and 9116, insert the following:
SEC. 9115A. HEAT ADVISORY AND HEAT ACCLIMATIZATION GUIDELINES
FOR SECONDARY SCHOOL ATHLETICS.
Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.),
as amended by sections 4001, 9114, and 9115, and redesignated
by section 9106, is further amended by adding at the end the
following:
``SEC. 9539A. HEAT ADVISORY AND HEAT ACCLIMATIZATION
PROCEDURES.
``(a) Materials and Resources.--The Secretary, in
consultation with the Secretary of Health and Human Services
and the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall develop public education and awareness
materials and resources to be disseminated to school
administrators, school health professionals, coaches,
families, and other appropriate individuals. The materials
and resources shall include--
``(1) information regarding the health risks associated
with exposure to excessive heat and excessive humidity, as
defined by the National Weather Service;
``(2) tips and recommendations on how to avoid heat-related
illness, including proper hydration and access to the indoors
or cooling stations; and
``(3) strategies for `heat-acclimatization' that address
the types and duration of athletic activities considered to
be generally safe during periods of excessive heat.
``(b) Implantation of Excessive Heat Action Plan.--Public
schools shall develop an `excessive heat action plan' to be
used during all school-sponsored athletic activities that
occur during periods of excessive heat and humidity. Such
plan shall--
``(1) be in effect prior to full scale athletic
participation by students, including any practices or
scrimmages prior to the beginning of the school's academic
year; and
``(2) apply to days when an Excessive Heat Watch or
Excessive Heat Warning or Advisory has been issued by the
National Weather Service for the area in which the athletic
event is to take place.''.
SEC. 9115B. PREVENTION AND TREATMENT OF YOUTH ATHLETE
CONCUSSIONS.
Part F of title IX (20 U.S.C. 7881 et seq.), as amended by
sections 2001 and 4001, and redesignated by section 9106, is
further amended by adding at the end the following:
``Subpart 7--State Requirements for the Prevention and Treatment of
Concussions
``SEC. 9581. MINIMUM STATE REQUIREMENTS.
``(a) In General.--Beginning for fiscal year 2016, as a
condition of receiving funds under title IV for a fiscal
year, a State shall, not later than July 1 of the preceding
fiscal year, certify to the Secretary in accordance with
subsection (b) that the State has in effect and is enforcing
a law or regulation that, at a minimum, establishes the
following requirements:
``(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the State
(including each public charter school that is considered a
local educational agency under State law), in consultation
with members of the community in which the local educational
agency is located, and taking into consideration the
guidelines of the Centers for Disease Control and
Prevention's Pediatric Mild Traumatic Brain Injury Guideline
Workgroup, shall develop and implement a standard plan for
concussion safety and management for public schools served by
the local educational agency that includes--
``(A) the education of students, school administrators,
educators, coaches, youth sports organizations, parents, and
school personnel about concussions, including--
``(i) training of school personnel on evidence-based
concussion safety and management, including prevention,
recognition, risk, academic consequences, and response for
both initial and any subsequent concussions; and
``(ii) using, maintaining, and disseminating to students
and parents release forms, treatment plans, observation,
monitoring, and reporting forms, recordkeeping forms, and
post-injury and prevention fact sheets about concussions;
``(B) supports for each student recovering from a
concussion, including--
``(i) guiding the student in resuming participation in
school-sponsored athletic activities and academic activities
with the help of a multidisciplinary concussion management
team, which shall include--
``(I) a health care professional, the parents of such
student, and other relevant school personnel; and
``(II) an individual who is assigned by the public school
in which the student is enrolled to oversee and manage the
recovery of the student;
``(ii) providing appropriate academic accommodations aimed
at progressively reintroducing cognitive demands on such
student; and
``(iii) if the student's symptoms of concussion persist for
a substantial period of time--
``(I) evaluating the student in accordance with section 614
of the Individuals with Disabilities Education Act (20 U.S.C.
1414) to determine whether the student is eligible for
services under part B of such Act (20 U.S.C. 1411 et seq.);
or
``(II) evaluating whether the student is eligible for
services under section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794); and
``(C) best practices, as defined by national neurological
medical specialty and sports health organizations, designed
to ensure, with respect to concussions, the uniformity of
safety standards, treatment, and management, including--
``(i) disseminating information on concussion safety and
management to the public; and
``(ii) applying best practice and uniform standards for
concussion safety and management to all students enrolled in
the public schools served by the local educational agency.
``(2) Posting of information on concussions.--Each public
school in the State shall post on school grounds, in a manner
that is visible to students and school personnel, and make
publicly available on the school website, information on
concussions that--
``(A) is based on peer-reviewed scientific evidence or
consensus (such as information made available by the Centers
for Disease Control and Prevention);
``(B) shall include--
``(i) the risks posed by sustaining a concussion or
multiple concussions;
``(ii) the actions a student should take in response to
sustaining a concussion, including the notification of school
personnel; and
``(iii) the signs and symptoms of a concussion; and
``(C) may include--
``(i) the definition of a concussion under section 9582(1);
``(ii) the means available to the student to reduce the
incidence or recurrence of a concussion; and
``(iii) the effects of a concussion on academic learning
and performance.
``(3) Response to a concussion.--If any school personnel of
a public school in the State suspect that a student has
sustained a concussion during a school-sponsored athletic
activity or other school-sponsored activity--
``(A) the student shall be--
``(i) immediately removed from participation in such
activity; and
``(ii) prohibited from resuming participation in school-
sponsored athletic activities--
``(I) on the day the student sustained the concussion; and
``(II) until the day the student is capable of resuming
such participation, according to
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the student's written release, as described in paragraphs (4)
and (5);
``(B) the school personnel shall report to the concussion
management team described under paragraph (1)(B)(i)--
``(i) that the student may have sustained a concussion; and
``(ii) all available information with respect to the
student's injury; and
``(C) the concussion management team shall confirm and
report to the parents of the student--
``(i) the type of injury, and the date and time of the
injury, suffered by the student; and
``(ii) any actions that have been taken to treat the
student.
``(4) Return to athletics.--If a student enrolled in a
public school in the State sustains a concussion, before the
student resumes participation in school-sponsored athletic
activities, the relevant school personnel shall receive a
written release from a health care professional, that--
``(A) may require the student to follow a plan designed to
aid the student in recovering and resuming participation in
such activities in a manner that--
``(i) is coordinated, as appropriate, with periods of
cognitive and physical rest while symptoms of a concussion
persist; and
``(ii) reintroduces cognitive and physical demands on the
student on a progressive basis so long as such increases in
exertion do not cause the re-emergence or worsening of
symptoms of a concussion; and
``(B) states that the student is capable of resuming
participation in such activities once the student is
asymptomatic.
``(5) Return to academics.--If a student enrolled in a
public school in the State has sustained a concussion, the
concussion management team (as described under paragraph
(1)(B)(i)) of the school shall consult with and make
recommendations to relevant school personnel and the student
to ensure that the student is receiving the appropriate
academic supports, including--
``(A) providing for periods of cognitive rest over the
course of the school day;
``(B) providing modified academic assignments;
``(C) allowing for gradual reintroduction to cognitive
demands; and
``(D) other appropriate academic accommodations or
adjustments.
``(b) Certification Requirement.--The certification
required under subsection (a) shall be in writing and include
a description of the law or regulation that meets the
requirements of subsection (a).
``SEC. 9582. DEFINITIONS.
``In this subpart:
``(1) Concussion.--The term `concussion' means a type of
mild traumatic brain injury that--
``(A) is caused by a blow, jolt, or motion to the head or
body that causes the brain to move rapidly in the skull;
``(B) disrupts normal brain functioning and alters the
physiological state of the individual, causing the individual
to experience--
``(i) any period of observed or self-reported--
``(I) transient confusion, disorientation, or altered
consciousness;
``(II) dysfunction of memory around the time of injury; or
``(III) disruptions in gait or balance; and
``(ii) symptoms that may include--
``(I) physical symptoms, such as headache, fatigue, or
dizziness;
``(II) cognitive symptoms, such as memory disturbance or
slowed thinking;
``(III) emotional symptoms, such as irritability or
sadness; or
``(IV) difficulty sleeping; and
``(C) occurs--
``(i) with or without the loss of consciousness; and
``(ii) during participation--
``(I) in a school-sponsored athletic activity; or
``(II) in any other activity without regard to whether the
activity takes place on school property or during the school
day.
``(2) Health care professional.--The term `health care
professional' means a physician (including a medical doctor
or doctor of osteopathic medicine), registered nurse,
athletic trainer, physical therapist, neuropsychologist, or
other qualified individual--
``(A) who is registered, licensed, certified, or otherwise
statutorily recognized by the State to provide medical
treatment; and
``(B) whose scope of practice and experience includes the
diagnosis and management of traumatic brain injury among a
pediatric population.
``(3) Parent.--The term `parent' means biological or
adoptive parents or legal guardians, as determined by
applicable State law.
``(4) Public school.--The term `public school' means an
elementary school or secondary school (as such terms are so
defined), including any public charter school that is
considered a local educational agency under State law, and
which is not an Internet- or computer-based community school.
``(5) School personnel.--The term `school personnel' has
the meaning given such term in section 4151, except that such
term includes coaches and athletic trainers.
``(6) School-sponsored athletic activity.--The term
`school-sponsored athletic activity' means--
``(A) any physical education class or program of a public
school;
``(B) any athletic activity authorized by a public school
that takes place during the school day on the school's
property;
``(C) any activity of an extracurricular sports team, club,
or league organized by a public school; and
``(D) any recess activity of a public school.''.
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