What's happening
This bill requires nonpublic schools to follow the same concussion management rules as public schools for students.
Why it matters
Ensures equal protection for all students. By requiring nonpublic (including private and parochial) schools to follow the same concussion management protocols as public schools, the bill aims to guarantee that all students in New York receive the same standard of care and safety measures after a head injury.
Closes a regulatory gap. Previously, nonpublic schools could choose whether or not to implement concussion management rules. This amendment makes adherence mandatory, addressing inconsistencies and potential risks for students in schools that previously opted out.
Promotes consistent health standards. With all schools now held to the same minimum concussion standards, parents and guardians can expect uniform procedures regarding diagnosis, treatment, and return-to-play for students with mild traumatic brain injuries, regardless of school type.
Allows for stricter policies. The bill clarifies that schools—public or nonpublic—can still adopt even stricter concussion protocols if they wish, supporting ongoing efforts to improve student safety beyond the new minimum requirements.
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Who cares
Headline styles
Equal Concussion Rules for Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.707
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Equal Concussion Rules for Schools
In Assembly Committee · Education · Sponsor Walter T. Mosley
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3058
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring nonpublic schools to follow the same rules and regulations as public schools regarding a pupil who suffers a concussion
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 42 of section 305 of the education law, as added by chapter 496 of the laws of 2011, is amended to read as follows:
b. The rules and regulations established pursuant to this subdivision shall be deemed to be the minimum standards that must be complied with by every public school and nonpublic school relating to mild traumatic brain injuries. [Such rules and regulations may also be implemented by nonpublic schools if they so authorize.] Nothing in this subdivision shall prohibit any public school or nonpublic school from adopting and implementing more stringent standards.
§ 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09403-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to requiring nonpublic schools to follow the same rules and regulations as public schools regarding a pupil who suffers a concussion
Purpose
To amend the Education Law, in relation to standardizing the Concussion Management and Awareness Act so that it applied to both public schools and non-public schools, requiring non-public schools to abide by concus- sion protocol.
Summary of provisions
Section one of the bill amends the Education Law by including non-public schools in concussion protocol.
Section two of the bill establishes the effective date.
Justification
In 2011, the New York State legislature passed the Concussion Management and Awareness Act (Chapter 496 of 2011), a law that directed the commis- sioners of education and health to establish rules and regulations for the treatment and monitoring of public school students suffering from concussions. This law, which went into effect July 1, 2012, required that any students that have or may have suffered a concussion be removed from athletic activities, and that such students only return to athlet- ics after authorization from a licensed physician.
This legislation expands upon the 2011 law to prevent further harm or death in students suffering from concussions, by requiring non-public schools to abide by the Concussion Management and Awareness Act.
Legislative history
S8601/A9831
Fiscal implications
None.
Effective date
This act shall take effect on the first of July next succeeding the date on which it shall have become a law. Effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.