SECTION 1. Sections 16-91-2 and 16-91-3 of the General Laws in Chapter 16-91 entitled "School and Youth Programs Concussion Act" are hereby amended to read as follows: 16-91-2. Definitions.
(1) “Healthcare professional” means a person who is licensed or registered under the laws of this state as a physician, a chiropractic physician, a naturopathic physician, a psychologist, a physical therapist, an occupational therapist, a physician assistant or a nurse practitioner.
(2) “Public education provider” means a school district, a public charter school or an education service district.
(3) For the purpose of this section, the term “youth “Youth sports programs” means any program organized for recreational and/or athletic competition purposes by any school district or by any school participating in Rhode Island Interscholastic League Competition, and whose participants are nineteen (19) years of age or younger. 16-91-3. School district’s guidelines to be developed and implemented School district’s guidelines for student athletes.
(a) The department of education and the department of health shall work in concert with the Rhode Island Interscholastic League to develop and promulgate guidelines to inform and educate coaches, teachers, school nurses, youth athletes, and their parents and/or guardians of the nature and risk of concussion and head injury, including continuing to play after concussion or head injury. A concussion and head injury information sheet shall be signed and returned by the youth athlete and the athlete’s parent and/or guardian prior to the youth athlete’s return to practice or competition.
(b) School districts are required to use training materials made available by the United States Center for Disease Control and Prevention entitled “Heads Up: Concussion in the High School Sports/Concussion in Youth Sports” and any updates or amendments thereto, or training materials substantively and substantially similar thereto. The department of education shall post training materials made available by the Center for Disease Control and Prevention and the Rhode Island Interscholastic League on its website. All coaches and volunteers involved in a youth sport or activity covered by this chapter must complete a training course and a refresher course annually thereafter in concussions and traumatic brain injuries. All school nurses must complete a training course and an annual refresher course in concussions and traumatic brain injuries. Teachers and teachers’ aides are strongly encouraged to complete the training course in concussions and traumatic brain injuries. Training may consist of videos, classes, and any other generally accepted mode and medium of providing information.
(c) School districts are encouraged to have all student athletes perform baseline neuropsychological testing, computerized or otherwise. Parents and/or guardians shall be provided with information as to the risk of concussion and/or traumatic brain injuries prior to the start of every sport season and they shall sign an acknowledgement as to their receipt of such information.
(d) A youth athlete, who is suspected of sustaining a concussion or head injury in a practice or game, shall be removed from competition at that time.
(e) A youth athlete, who has been removed from play, may not return to play until the athlete is evaluated by a licensed physician who may consult with an athletic trainer, all of whom shall be trained in the evaluation and management of concussions. The athlete must receive written clearance to return to play from that licensed physician.
(f) All school districts are encouraged to have an athletic trainer, or similarly trained person, at all recreational and athletic events addressed by this statute.
SECTION 2. Chapter 16-91 of the General Laws entitled "School and Youth Programs Concussion Act" is hereby amended by adding thereto the following section: 16-91-3.1. Form required.
(a) The department of education shall develop a form for public education programs to use when a student has been diagnosed with a concussion or other brain injury.
(b) The form required under this section must describe academic accommodations that a public education program may make for a student who has been diagnosed with a concussion or other brain injury. The accommodations must be optional for a public education program to provide and must be nonmedical.
(c) The department must distribute the form developed under this section as soon as practicable to public education programs when:
(1) The public education program receives notice that a student has been diagnosed with a concussion or other brain injury; or
(2) Requested by an educator, a program employee, a student, a parent or a guardian.
(d) Nothing in this subsection requires a public education program to provide any or all of the academic accommodation described on the form.
(e) The state board of elementary and secondary education may adopt any rules and regulations necessary for the implementation of this section. 16-91-3.2. Temporary accommodation plan for concussed students.
(a) The department of education shall establish a procedure for public education providers to use to develop and implement an immediate and temporary accommodations plan for a student who has been diagnosed with a concussion or other brain injury by a health care professional to ensure the safety and recovery of the student and to reduce the risk of reinjury or additional injury to the student.
(b) Upon receiving written notification from a parent or guardian that a student has been diagnosed with a concussion or other brain injury by a healthcare professional and that accommodations are being requested, a public education provider shall initiate the procedure to develop and implement an immediate and temporary accommodations plan.
(c) The procedure to develop and implement an immediate and temporary accommodations plan shall be used by a public education provider to:
(1) Determine if immediate physical activity limitations are necessary to ensure the safety and recovery of the student and to minimize the risk of reinjury or additional injury to the student, including activities such as physical education, recess, unstructured play and similar activities provided by or sponsored through the public education provider that involve running, jumping, climbing, throwing, catching or other movements that pose a risk of falls, collisions or physical injury. The public education provider shall implement any immediate physical activity limitations determined to be necessary.
(2) Describe present challenges and symptoms associated with the student’s concussion or other brain injury.
(3) Identify and implement immediate and temporary academic, social-emotional, behavioral or other necessary accommodations determined to be appropriate for the student to support meaningful participation in educational activities at a level that is appropriate for the student’s recovery.
(4) Communicate accommodations identified under this section with:
(i) All teachers who provide instruction to the student; and
(ii) Other employees of the public education provider who have regular responsibilities for the student’s supervision or health, including school nurses, counselors, physical education teachers, coaches, athletic trainers and staff supervising recess or other physical activities.
(5) Ensure that the accommodations identified under this section are:
(i) In effect no later than ten (10) school days after written notification has been received by the public education provider regarding the concussion or other brain injury; and
(ii) Reviewed as needed, but no later than every two months, based on the students’ recovery.
(d) The department shall make available to all public education providers the procedure and sample form developed under this section.
SECTION 3. This act shall take effect upon passage.
