P.L. 2019, c.290 (S4141 2R)

An Act concerning the care of students with ¹epilepsy and¹ seizure disorders, designated as “Paul’s Law,” and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Individualized emergency health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with ¹epilepsy or¹ a seizure disorder and other appropriate medical professionals, which is consistent with the recommendations of the student's health care providers and which ²[outlines a set of procedural guidelines that provide specific directions about what] provides specific actions for non-medical school staff² to do in a particular emergency situation and is signed by the parent or guardian and the school nurse.

"Individualized health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with ¹epilepsy or¹ a seizure disorder and other appropriate medical professionals who may be providing ¹epilepsy or¹ seizure disorder care to the student, which is consistent with the recommendations of the student's health care providers and which sets out the health services needed by the student at school and is signed by the parent or guardian and the school nurse.

"School" means an elementary or secondary public school located within this State.

"School employee" means a person employed by a school district.

²“Seizure action plan” means a comprehensive document provided by the student’s physician, advanced practice nurse, or physician’s assistant which includes, but is not limited to, information regarding presentation of seizures, seizure triggers, daily seizure medications, seizure first aid, and additional treatments.²

2. a. The parent or guardian of a student with ¹epilepsy or¹ a seizure disorder who seeks ¹epilepsy or¹ seizure disorder care while at school shall ²[inform] submit annually to² the school nurse ²[who] the student’s seizure action plan. The school nurse² shall develop an individualized health care plan and an individualized emergency health care plan for the student¹,¹ provided that the parents or guardians of the student annually provide to the board of education written authorization for the provision of ¹epilepsy or¹ seizure disorder care ²[as may be outlined in the individualized plans]².

b. The individualized health care plan and individualized emergency health care plan developed in accordance with subsection a. of this section shall be updated by the school nurse ²[prior to the beginning of each school year] annually² and as necessary in the event that there is a change in the health status of the student.

c. Each individualized health care plan shall include, and each individualized emergency health care plan may include, the following information:

(1) written orders from the student’s physician or advanced practice nurse outlining the ¹epilepsy or¹ seizure disorder care;

(2) the symptoms of the ¹epilepsy or¹ seizure disorder for that particular student and recommended care;

(3) full participation in exercise and sports, and any contraindications to exercise, or accommodations that must be made for that particular student;

(4) accommodations for school trips, after-school activities, class parties, and other school-related activities;

(5) education of all school personnel about ¹epilepsy and¹ seizure disorders, how to recognize and provide care for ¹epilepsy and¹ seizure disorders, and when to call for assistance;

(6) medical and treatment issues that may affect the educational process of the student with ¹epilepsy or¹ the seizure disorder;

(7) the student’s ability to manage, and the student’s level of understanding of, the student’s ¹epilepsy or¹seizure disorder; and

(8) how to maintain communication with the student, the student’s parent or guardian and health care team, the school nurse, and the educational staff.

d. (1) The ²[school nurse assigned to a particular school] board of education² shall coordinate the provision of ¹epilepsy and¹ seizure disorder care at ²[that] the² school and ensure that all staff are trained ²[¹every two years¹]² in the care of students with ¹epilepsy and¹ seizure disorders, including staff working with school-sponsored programs outside of the regular school day ²[, as provided in the individualized health care plan and the individualized emergency health care plan]².

(2) The training required pursuant to paragraph (1) of this subsection shall include a ²[Department of Education-approved] Department of Health-approved² on-line ¹or in-person¹ course of instruction provided by a nonprofit national ¹[foundation] organization¹ that supports the welfare of individuals with ¹epilepsy and¹ seizure ¹[disorder, such as the Epilepsy Foundation of America. A seizure training program approved by the department that is provided to a school district on portable media shall be provided by the nonprofit entity free of charge] disorders¹.

3. In the event that a school bus driver transports a student with ¹epilepsy or¹ a seizure disorder, a school district shall provide the driver with: a notice of the student’s condition; information on how to provide care for ¹epilepsy or¹ the seizure disorder; emergency contact information; ¹epilepsy and seizure disorder first aid training;¹ and parent contact information.

4. The school nurse shall obtain a release from the parent or guardian of a student with ¹epilepsy or¹ a seizure disorder to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers. The release shall also authorize the school nurse to share medical information with other staff members of the school district as necessary.

5. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of this act, nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any such action taken by a person trained in good faith by the school nurse pursuant to this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

6. This act shall take effect immediately.

“Paul’s Law”; authorizes parent or guardian to request use of individualized health care plan for student with epilepsy or seizure disorder.