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A Bill: 116 Congress 1 S
A Bill: 116 Congress 1 S
116TH CONGRESS
1ST SESSION
S. 2600
To promote minimum State requirements for the prevention and treatment
of concussions caused by participation in school sports, and for other
purposes.
A BILL
To promote minimum State requirements for the prevention
and treatment of concussions caused by participation
in school sports, and for other purposes.
9 cation Act of 1965 (20 U.S.C. 6301 et seq.) and does not
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1 meet the requirements described in this section, as of the
2 date of enactment of this Act, shall, not later than the
3 last day of the fifth full fiscal year after the date of enact-
4 ment of this Act (referred to in this Act as the ‘‘compli-
5 ance deadline’’), enact legislation or issue regulations es-
6 tablishing the following minimum requirements:
7 (1) LOCAL EDUCATIONAL AGENCY CONCUSSION
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1 (I) release forms and other ap-
2 propriate forms for reporting and
3 record keeping;
4 (II) treatment plans; and
5 (III) prevention and post-injury
6 observation and monitoring fact
7 sheets about concussion;
8 (B) encourages supports, where feasible,
9 for a student recovering from a concussion (re-
10 gardless of whether or not the concussion oc-
11 curred during school-sponsored activities, dur-
12 ing school hours, on school property, or during
13 an athletic activity), such as—
14 (i) guiding the student in resuming
15 participation in athletic activity and aca-
16 demic activities with the help of a multi-
17 disciplinary concussion management team,
18 which may include—
19 (I) a health care professional, the
20 parents of such student, a school
21 nurse, relevant related services per-
22 sonnel, and other relevant school per-
23 sonnel; and
24 (II) an individual who is assigned
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1 manage the recovery of such student;
2 and
3 (ii) providing appropriate academic
4 accommodations aimed at progressively re-
5 introducing cognitive demands on the stu-
6 dent; and
7 (C) encourages the use of best practices
8 designed to ensure, with respect to concussions,
9 the uniformity of safety standards, treatment,
10 and management, such as—
11 (i) disseminating information on con-
12 cussion safety and management to the
13 public; and
14 (ii) applying uniform best practice
15 standards for concussion safety and man-
16 agement to all students enrolled in public
17 schools.
18 (2) POSTING OF INFORMATION ON CONCUS-
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1 the Centers for Disease Control and Preven-
2 tion);
3 (B) shall include information on—
4 (i) the risks posed by sustaining a
5 concussion;
6 (ii) the actions a student should take
7 in response to sustaining a concussion, in-
8 cluding the notification of school personnel;
9 and
10 (iii) the signs and symptoms of a con-
11 cussion; and
12 (C) may include information on—
13 (i) the definition of a concussion;
14 (ii) the means available to the student
15 to reduce the incidence or recurrence of a
16 concussion; and
17 (iii) the effects of a concussion on
18 academic learning and performance.
19 (3) RESPONSE TO CONCUSSION.—If an indi-
20 vidual designated from among school personnel for
21 purposes of this Act, one of whom must be in at-
22 tendance at every school-sponsored activity, suspects
23 that a student has sustained a concussion (regard-
24 less of whether or not the concussion occurred dur-
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1 ing school-sponsored activities, during school hours,
2 on school property, or during an athletic activity)—
3 (A) the student shall be—
4 (i) immediately removed from partici-
5 pation in a school-sponsored athletic activ-
6 ity; and
7 (ii) prohibited from returning to par-
8 ticipate in a school-sponsored athletic ac-
9 tivity on the day that student is removed
10 from such participation; and
11 (B) the designated individual shall report
12 to the parent or guardian of such student—
13 (i) any information that the des-
14 ignated school employee is aware of re-
15 garding the date, time, and type of the in-
16 jury suffered by such student (regardless
17 of where, when, or how a concussion may
18 have occurred); and
19 (ii) any actions taken to treat such
20 student.
21 (4) RETURN TO ATHLETICS.—If a student has
22 sustained a concussion (regardless of whether or not
23 the concussion occurred during school-sponsored ac-
24 tivities, during school hours, on school property, or
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1 sumes participation in school-sponsored athletic ac-
2 tivities, the school shall receive a written release
3 from a health care professional, that—
4 (A) states that the student is capable of
5 resuming participation in such activities; and
6 (B) may require the student to follow a
7 plan designed to aid the student in recovering
8 and resuming participation in such activities in
9 a manner that—
10 (i) is coordinated, as appropriate, with
11 periods of cognitive and physical rest while
12 symptoms of a concussion persist; and
13 (ii) reintroduces cognitive and phys-
14 ical demands on such student on a pro-
15 gressive basis only as such increases in ex-
16 ertion do not cause the reemergence or
17 worsening of symptoms of a concussion.
18 (b) NONCOMPLIANCE.—
19 (1) FIRST YEAR.—If a State described in sub-
20 section (a) fails to comply with subsection (a) by the
21 compliance deadline, the Secretary of Education
22 shall reduce by 5 percent the amount of funds the
23 State receives under the Elementary and Secondary
24 Education Act of 1965 (20 U.S.C. 6301 et seq.) for
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1 the first fiscal year following the compliance dead-
2 line.
3 (2) SUCCEEDING YEARS.—If the State fails to
4 so comply by the last day of any fiscal year following
5 the compliance deadline, the Secretary of Education
6 shall reduce by 10 percent the amount of funds the
7 State receives under that Act for the following fiscal
8 year.
9 (3) NOTIFICATION OF NONCOMPLIANCE.—Prior
21 In this Act:
22 (1) CONCUSSION.—The term ‘‘concussion’’
23 means a type of mild traumatic brain injury that—
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1 (A) is caused by a blow, jolt, or motion to
2 the head or body that causes the brain to move
3 rapidly in the skull;
4 (B) disrupts normal brain functioning and
5 alters the mental state of the individual, caus-
6 ing the individual to experience—
7 (i) any period of observed or self-re-
8 ported—
9 (I) transient confusion, dis-
10 orientation, or impaired consciousness;
11 (II) dysfunction of memory
12 around the time of injury; or
13 (III) loss of consciousness lasting
14 less than 30 minutes; or
15 (ii) any one of 4 types of symptoms,
16 including—
17 (I) physical symptoms, such as
18 headache, fatigue, or dizziness;
19 (II) cognitive symptoms, such as
20 memory disturbance or slowed think-
21 ing;
22 (III) emotional symptoms, such
23 as irritability or sadness; or
24 (IV) difficulty sleeping; and
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1 (i) with or without the loss of con-
2 sciousness; and
3 (ii) during participation in any orga-
4 nized sport or recreational activity.
5 (2) HEALTH CARE PROFESSIONAL.—The term
6 ‘‘health care professional’’—
7 (A) means an individual who has been
8 trained in diagnosis and management of con-
9 cussion in a pediatric population; and
10 (B) is registered, licensed, certified, or oth-
11 erwise statutorily recognized by the State to
12 provide such diagnosis and management.
13 (3) LOCAL EDUCATIONAL AGENCY; STATE.—
25 means—
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1 (A) any physical education class or pro-
2 gram of a school;
3 (B) any athletic activity authorized during
4 the school day on school grounds that is not an
5 instructional activity;
6 (C) any extracurricular sports team, club,
7 or league organized by a school on or off school
8 grounds; and
9 (D) any recess activity.
Æ
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