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H.R.469 - Protecting Student Athletes from Concussions Act of 2011
To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.
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Mr. BISHOP of New York (for himself, Mr. GEORGE MILLER of California, Mr. KUCINICH, Mr. ANDREWS, Mr. HOLT, Mr. LOEBSACK, Mrs. MCCARTHY of New York, Ms. WOOLSEY, Mr. POLIS, Ms. HIRONO, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Education and the WorkforceCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(2) All students have the right to know the risks of concussions because concussions, though a mild traumatic brain injury, present such a significant risk to not only the physical well-being of a developing student, but also the academic performance of the student.CommentsClose CommentsPermalink
(5) Surveys suggest that the prevalence of sport-related concussions is much higher than reported and the occurrence of concussions is higher at the high school level than at the collegiate level. According to recent research, 400,000 students sustained a concussion while participating in five different sports in a high school athletics program during the 2005-2008 school years. Few statistics are available for the 41 million children participating in non-scholastic youth sports, but schools report that concussions are occurring on the playground and during physical education classes.CommentsClose CommentsPermalink
(6) A recent study estimated that more than 40 percent of high school athletes return to participate in school athletics before they have fully recovered from concussions, which increases the susceptibility of the student athlete to greater injury or death.CommentsClose CommentsPermalink
(7) The failure to recognize brain injuries and the mismanagement of such injuries increases the vulnerability of a student athlete to successive injury, cumulative negative health consequences, or chronic impairment.CommentsClose CommentsPermalink
(8) Timely recognition and response to concussions aids recovery and helps prevent successive injury, chronic impairment, or death. Only 42 percent of schools have access to an athletic trainer and only 53 percent of schools meet the nurse-to-student ratio recommended by the Federal Government.CommentsClose CommentsPermalink
(11) Students should gradually return to physical activity and academic activities only as the symptoms of a concussion permit because research suggests that overexertion from physical activity and academic activities exacerbates symptoms and protracts recovery time for student athletes.CommentsClose CommentsPermalink
SEC. 3. MINIMUM STATE REQUIREMENTS.
Beginning with fiscal year 2013, in order to be eligible to receive funds for such year or a subsequent fiscal year under the Elementary and Secondary Education Act of 1965 (
(1) LOCAL EDUCATIONAL AGENCY CONCUSSION SAFETY AND MANAGEMENT PLAN- Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that includes--CommentsClose CommentsPermalink
(iii) referring students whose symptoms of concussion reemerge or persist upon the reintroduction of cognitive and physical demands for evaluation of the eligibility of such students for services under the Individual with Disabilities Education Act (
(2) POSTING OF INFORMATION ON CONCUSSIONS- Each public elementary school and each secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that--CommentsClose CommentsPermalink
(3) RESPONSE TO CONCUSSION- If any school personnel, including coaches and athletic trainers, of a public school suspects that a student has sustained a concussion during a school-sponsored athletic activity--CommentsClose CommentsPermalink
(II) until such student submits a written release from a health care professional stating that the student is capable of resuming participation in school-sponsored athletic activities; andCommentsClose CommentsPermalink
(4) RETURN TO ATHLETICS AND ACADEMICS- Before a student who has sustained a concussion in a school-sponsored athletic activity resumes participation in school-sponsored athletic activities or academic activities, the school shall receive a written release from a health care professional, that--CommentsClose CommentsPermalink
(ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion.CommentsClose CommentsPermalink
SEC. 4. REPORT TO SECRETARY OF EDUCATION.
Not later than 6 months after promulgating regulations pursuant to section 3 in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 (
SEC. 5. RULE OF CONSTRUCTION.
SEC. 6. DEFINITIONS.
(2) HEALTH CARE PROFESSIONAL- The term ‘health care professional’ means a physician, nurse, certified athletic trainer, physical therapist, neuropsychologist or other qualified individual who--CommentsClose CommentsPermalink
(3) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL AGENCY- The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(4) SCHOOL PERSONNEL- The term ‘school personnel’ has the meaning given such term in section 4151 of the Elementary and Secondary Education Act of 1965 (