Directs commissioner of education to adopt and implement rules and regulations for the treatment and monitoring of students with mild traumatic brain injuries

Subdivision 42 (a)(ii) will add a requirement that the commissioner of education and an advisory committee will be required to distribute to all school districts an information pamphlet on the nature and risks of concussions to specifically defined persons.

Subdivision 42 (a)(iii) will add a requirement that the commissioner of education and an advisory committee promulgate and distribute to all school districts a form which attests to receipt of the aforementioned pamphlet and that signators have read the form and understand the nature and risks of concussions. All pupils will be prohibited from practice or engaging in interscholastic sports until they, and their parent/guardian, have signed this form.

Subdivision 42 (b) will require, among other things, that the advisory committee be composed of three members, two appointed by the commissioner and one appointed by the commissioner of health. One of the members appointed by the commissioner shall be an athletic director of a school district in this state.

Subdivision 42 (c) will amend the education law to provide that the rules and regulations established by this bill will be the minimum standards to be complied with and will not prevent a school district from instituting more stringent standards.

Section 2. Amends section 901 of the education law by adding subdivision 3 which provides that the head health care professional in each school district ensure implementation of the rules and regulation relating to concussions.

Section 3. Amends article 9 of the general obligations law by adding a new title 3 which reads "Liability For Youth Athletic Programs."

Article 9 of the general obligations law will be amended by adding a new title 3 including section 9-301 which will limit liability for school districts and not-for-profit youth sports programs for any personal injury or death given certain conditions.

Section 9-301(2) defines "youth sports program."

Section 9-301(3) allows any not-for profit youth sports program to adopt and implement standards and requirements for concussions and nothing prohibits them from adopting more stringent standards.

Justification

The Centers for Disease Control and Prevention recommend that as part of concussion prevention, each school district have a concussion management policy in order to treat and manage concussions among their students, and educate parents, coaches, and students about the dangers of concussions. A concussion is a type of traumatic brain injury that can significantly impact the way a healthy brain functions. If left untreated, concussions can lead to permanent brain damage or even death. The amount of concussion injuries in New York is significant. For example, according to the National Center for Injury Prevention, forty-seven percent of high school football players receive a concussion each season. To that end, statistically, the risk of future concussions increases significantly once an athlete suffers from a concussion. Further, children and teens are more likely to get a concussion, and have a longer recovery time than adults.

Education is key in preventing these injuries. Often, athletes, as well as parents and coaches, cannot identify the symptoms of a concussion. This legislation would require, at minimum, a uniform policy of concussion management to be instituted in schools throughout New York. The policy would include protocol pertaining to the monitoring and treatment of students with concussions, in conjunction with necessary education. By instituting these policies, school districts will facilitate early identification of concussions and thereby reduce the risk of long-term complications. In the future, this legislation will encourage parents, students, and coaches to take preventative steps to avoid such significant injuries in the first place.

Legislative history

None.

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.