text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Protecting Student Athletes from 
  Concussions Act of 2010''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds the following:
              (1) Involvement in sports can have tremendous benefits for 
          the physical, social, emotional, and cognitive development of 
          students.
              (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.
              (3) Mild traumatic brain injuries, including concussions, 
          represent 80 to 90 percent of all traumatic brain injuries.
              (4) Children and adolescents are more vulnerable to brain 
          injury than adults because their brains are still developing.
              (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.
              (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.
              (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.
              (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.
              (9) Concussion treatment and management is sporadic in 
          schools and often neglects the athlete's role as a student.
              (10) Medical care from hospitalization and emergency room 
          visits due to a concussion is costly, and treatment is often 
          arbitrary.
              (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.
              (12) Instituting best practices offers a reasonable means 
          for protecting student athletes from the risks and consequences 
          of concussions.
  
  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 (20 U.S.C. 6301 et seq.) each State 
  educational agency shall issue regulations establishing the following 
  minimum requirements:
              (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--
                      (A) the education of students, parents, and school 
                  personnel about concussions, such as--
                              (i) the training and certification of 
                          school personnel, including coaches, athletic 
                          trainers, and school nurses, on concussion 
                          safety and management; and
                              (ii) using and maintaining standardized 
                          release forms, treatment plans, observation, 
                          monitoring and reporting forms, recordkeeping 
                          forms, and post-injury fact sheets;
                      (B) supports for students recovering from a 
                  concussion, such as--
                              (i) guiding such student in resuming 
                          participation in athletic activity and academic 
                          activities with the help of a multi-
                          disciplinary team, which may include--
                                      (I) a health care professional, the 
                                  parents of such student, a school 
                                  nurse, or other relevant school 
                                  personnel; and
                                      (II) an individual who is assigned 
                                  by a public school to oversee and 
                                  manage the recovery of such student;
                              (ii) providing appropriate academic 
                          accommodations; and
                              (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 (20 U.S.C. 1400 
                          et seq.) and the Rehabilitation Act of 1973 (29 
                          U.S.C. 701 note et seq.); and
                      (C) best practices designed to ensure, with respect 
                  to concussions, the uniformity of safety standards, 
                  treatment, and management, such as--
                              (i) disseminating information on concussion 
                          management safety and management to the public; 
                          and
                              (ii) applying uniform standards for 
                          concussion safety and management to all 
                          students enrolled in public schools.
              (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--
                      (A) is based on peer-reviewed scientific evidence 
                  (such as information made available by the Centers for 
                  Disease Control and Prevention);
                      (B) shall include--
                              (i) the risks posed by sustaining a 
                          concussion;
                              (ii) the actions a student should take in 
                          response to sustaining a concussion, including 
                          the notification of school personnel; and
                              (iii) the signs and symptoms of a 
                          concussion; and
                      (C) may include--
                              (i) the definition of a concussion;
                              (ii) the means available to the student to 
                          reduce the incidence or recurrence of a 
                          concussion; and
                              (iii) the effects of a concussion on 
                          academic learning and performance.
              (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--
                      (A) the student shall be--
                              (i) immediately removed from participation 
                          in such activity; and
                              (ii) prohibited from returning to 
                          participate in school-sponsored athletic 
                          activities--
                                      (I) on the day such student 
                                  sustained a concussion; and
                                      (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; 
                                  and
                      (B) such personnel shall report to the parent or 
                  guardian of such student--
                              (i) the date, time, and extent of the 
                          injury suffered by such student; and
                              (ii) any actions taken to treat such 
                          student.
              (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--
                      (A) states that the student is capable of resuming 
                  participation in such activities; and
                      (B) may require the student to follow a plan 
                  designed to aid the student in recovering and resuming 
                  participation in such activities in a manner that--
                              (i) is coordinated, as appropriate, with 
                          periods of cognitive and physical rest while 
                          symptoms of a concussion persist; and
                              (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.
  
  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 (20 U.S.C. 6301 et seq.), each 
  State educational agency shall submit to the Secretary of Education a 
  report that contains--
              (1) a description of the State regulations promulgated 
          pursuant to section 3; and
              (2) an assurance that the State has implemented such 
          regulations.
  
  SEC. 5. RULE OF CONSTRUCTION.
  
      Nothing in this Act shall be construed to alter or supersede State 
  law with respect to education standards or procedures or civil 
  liability.
  
  SEC. 6. DEFINITIONS.
  
      In this Act:
              (1) Concussion.--The term ``concussion'' means a type of 
          traumatic brain injury that--
                      (A) is caused by a blow, jolt, or motion to the 
                  head or body that causes the brain to move rapidly in 
                  the skull;
                      (B) disrupts normal brain functioning and alters 
                  the mental state of the individual, causing the 
                  individual to experience--
                              (i) any period of observed or self-reported 
                          --
                                      (I) transient confusion, 
                                  disorientation, or impaired 
                                  consciousness;
                                      (II) dysfunction of memory around 
                                  the time of injury; and
                                      (III) loss of consciousness lasting 
                                  less than 30 minutes;
                              (ii) any one of four types of symptoms of a 
                          headache, including--
                                      (I) physical symptoms, such as 
                                  headache, fatigue, or dizziness;
                                      (II) cognitive symptoms, such as 
                                  memory disturbance or slowed thinking;
                                      (III) emotional symptoms, such as 
                                  irritability or sadness; and
                                      (IV) difficulty sleeping; and
                      (C) can occur--
                              (i) with or without the loss of 
                          consciousness; and
                              (ii) during participation in any organized 
                          sport or recreational activity.
              (2) Health care professional.--The term ``health care 
          professional'' means a physician, nurse, certified athletic 
          trainer, physical therapist, neuropsychologist or other 
          qualified individual who--
                      (A) is a registered, licensed, certified, or 
                  otherwise statutorily recognized by the State to 
                  provide medical treatment;
                      (B) is experienced in the diagnosis and management 
                  of traumatic brain injury among a pediatric population; 
                  and
                      (C) may be a volunteer.
              (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 (20 U.S.C. 
          7801).
              (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 (20 U.S.C. 7161).
              (5) School-sponsored athletic activity.--The term ``school-
          sponsored athletic activity'' means--
                      (A) any physical education class or program of a 
                  school;
                      (B) any athletic activity authorized during the 
                  school day on school grounds that is not an 
                  instructional activity; and
                      (C) any extra curricular sports team, club, or 
                  league organized by a school on or off school grounds.
target: Protecting Student Athletes from Concussions Act of 2010 - Requires each state educational agency, in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 in FY2013 or subsequent fiscal years, to issue regulations establishing the following minimum requirements for the prevention and treatment of concussions.
  
  Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions; (2) supports for students recovering from a concussion; and (3) best practices designed to ensure the uniformity of safety standards, treatment, and management.
  
  Requires each public elementary and secondary school to post on school grounds and make publicly available on the school website information on concussions, including information on risks, responses, symptoms, and effects.
  
  Requires public school personnel who suspect that a student has sustained a concussion during a school-sponsored activity to: (1) remove the student from the activity and prohibit such student from participating in school athletic activities until the student submits a written release from a health care professional; and (2) report to the student's parent or guardian regarding such injury and the treatment provided.
  
  Prohibits a student who has sustained a concussion in a school-sponsored athletic activity from resuming participation in school-sponsored athletic or academic activities until the school receives a written release from a health care professional that: (1) states that the student is capable of resuming participation; and (2) may require the student to follow a plan designed to aid such individual in recovering and resuming participation in a manner that is coordinated with periods of cognitive and physical rest, and that reintroduces cognitive and physical demands on a progressive basis, based on the student's symptoms.
feat_title: To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.