SENATE EDUCATION COMMITTEE

STATEMENT TO

SENATE, No. 4141

with committee amendments

STATE OF NEW JERSEY

DATED:  NOVEMBER 14, 2019

     The Senate Education Committee favorably reports Senate Bill No. 4141 with committee amendments.

     As amended, this bill concerns the care provided to public school students with epilepsy or seizure disorders and is designated as “Paul’s Law.”  Under the bill’s provisions, the parents or guardians of a student with epilepsy or a seizure disorder who seek epilepsy or seizure disorder care for that student while at school will inform the school nurse.  The school nurse will develop an individualized health care plan and an individualized emergency health care plan for that student provided that the parent or guardian provides annual written authorization for the provision of epilepsy or seizure disorder care at school.

     Each individualized health care plan must include and each individualized emergency health care plan may include the following:

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

     (2)   the symptoms of the epilepsy or 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 epilepsy and seizure disorders, how to recognize and provide care for epilepsy and seizure disorders, and when to call for assistance;

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

     (7)   the student’s ability to manage, and the student’s level of understanding of, the student’s epilepsy or seizure 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.

     Under the provisions of the bill, the school nurse assigned to a particular school will coordinate the provision of epilepsy and seizure disorder care at that school and ensure that all staff are trained every two years in the care of students with epilepsy and seizure disorders. The training is required to include a Department of Education-approved on-line or in-person course of instruction provided by a nonprofit national organization that supports the welfare of individuals with epilepsy and seizure disorders. 

     The bill provides that a school district must provide to a school bus driver who transports a pupil with epilepsy or a seizure disorder a notice of the pupil’s condition, information on how to provide care in the case of epilepsy or a seizure disorder, emergency contact information, epilepsy and seizure disorder first aid training; and parent contact information. 

     Finally, the bill provides that a school employee will not be liable for any good faith action taken in accordance with the bill’s provisions.

      The committee amended the bill to:

· Clarify that the bill’s provision also apply to students with epilepsy;

· Provide that the training provided by the school nurse to all staff on the care of students with epilepsy and seizure disorders will occur every two years;

· Provide that a Department of Education-approved course of instruction used to train staff may be an in-person course of instruction.  The bill as introduced provided for only an on-line course of study;

· Delete language that required a nonprofit entity that provided a training program to a school district on portable media, to provide that training free of charge; and

· Require a school district to provide a school bus driver who transports a student with epilepsy or a seizure disorder with epilepsy and seizure disorder first aid training.