A 10675: Updates school concussion management and response protocols; requires that the injured student have returned to a full class schedule without academic accommodations prior to resuming athletic activity; authorizes physician assistants to evaluate pupils with concussions.

  
  STATE OF NEW YORK ________________________________________________________________________ 10675  IN ASSEMBLY March 20, 2026 ___________ Introduced by M. of A. BERGER -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to pupils who have suffered a concussion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 42 of section 305 of the educa- 2 tion law, as added by chapter 496 of the laws of 2011, is amended to 3 read as follows: 4 a. The commissioner, in conjunction with the commissioner of health, 5 shall promulgate and review as necessary rules and regulations relating 6 to pupils who suffer mild traumatic brain injuries, also referred to as 7 a "concussion," while receiving instruction or engaging in any school 8 sponsored or school related activity. In developing such rules and 9 regulations, the commissioner shall consider comments from stakeholders 10 and other interested parties including but not limited to parents, 11 teachers, students, school administrators, school athletic trainers, 12 sport coaches, medical and health professionals, the public schools 13 athletic league (PSAL), the New York state public high school athletic 14 association (NYSPHSAA), and other athletic associations. Such regu- 15 lations shall include, but not be limited to: 16 (i) requiring a course of instruction relating to recognizing the 17 symptoms of mild traumatic brain injuries and monitoring and seeking 18 proper medical treatment for pupils who suffer mild traumatic brain 19 injuries. Such course of instruction shall be required to be completed 20 on a biennial basis by all school coaches, physical education teachers, 21 nurses [and], athletic trainers and medical directors employed by or 22 under contract to a school or school district. The course of instruc- 23 tion required by this subparagraph shall include, but not be limited to, 24 the definition of a "concussion," signs and symptoms of mild traumatic 25 brain injuries, how such injuries may occur, practices regarding 26 prevention, and the guidelines for the return to school and to certain 27 school activities after a pupil has suffered a mild traumatic brain 28 injury regardless of whether such injury occurred outside of school. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15241-01-6 
 A. 10675 2 1 Such training may be completed by means of courses of instruction, 2 including but not limited to, courses provided online and by teleconfer- 3 ence approved by the department; 4 (ii) providing that the department and the department of health shall 5 post on their internet websites information relating to mild traumatic 6 brain injuries, which shall include but not be limited to, the defi- 7 nition of a "concussion," signs and symptoms of mild traumatic brain 8 injuries, how such injuries may occur, and the guidelines for the return 9 to school and to certain school activities after a pupil has suffered a 10 mild traumatic brain injury regardless of whether such injury occurred 11 outside of school. Schools shall be required to include such information 12 in any permission form or parent or person in parental relation consent 13 form or similar document that may be required for a pupil's partic- 14 ipation in interscholastic sports and shall also include such informa- 15 tion, or reference how to obtain such information from the department 16 and the department of health internet websites, on the school's internet 17 website, if one exists; 18 (iii) requiring the immediate removal from athletic activities of any 19 pupil believed to have sustained or who has sustained a mild traumatic 20 brain injury. In the event that there is any doubt as to whether a pupil 21 has sustained a concussion, it shall be presumed that [he or she] such 22 pupil has been so injured until proven otherwise. No such pupil shall 23 resume athletic activity until [he or she] such pupil shall have been 24 symptom free for not less than twenty-four hours, has returned to a full 25 class schedule without academic accommodations made due to the mild 26 traumatic brain injury, and has been evaluated by and received written 27 and signed authorization from a licensed physician, physician assistant 28 or nurse practitioner. Such authorization shall be kept on file in the 29 pupil's permanent health record. Furthermore, such rules and regulations 30 shall provide guidelines for limitations and restrictions on school and 31 athletic attendance and activities for pupils who have sustained mild 32 traumatic brain injuries, consistent with the directives of the pupil's 33 treating physician[.]; and 34 (iv) authorizing each school or school district, in its discretion, to 35 establish a concussion management team which may be composed of the 36 athletic director (if any), a school nurse, the school principal, a 37 school guidance counselor, a school teacher, the school [physician] or 38 district medical director, a coach of an interscholastic team, an 39 athletic trainer or such other appropriate personnel as designated by 40 the school or school district. The concussion management team shall 41 oversee the implementation of the rules and regulations promulgated 42 pursuant to this subdivision as it pertains to their associated school 43 including the requirement that all school coaches, physical education 44 teachers, nurses and athletic trainers that work with and provide 45 instruction to pupils engaged in school sponsored athletic activities 46 complete training relating to mild traumatic brain injuries. Further- 47 more, every concussion management team may establish and implement a 48 program which provides information on mild traumatic brain injuries to 49 parents and persons in parental relation throughout each school year. 50 § 2. This act shall take effect on the first of July next succeeding 51 the date on which it shall have become a law.