I 
117TH CONGRESS 
1ST SESSION H. R. 5216 
To promote State requirements for local educational agencies and public 
elementary and secondary schools relating to the prevention and treat-
ment of concussions suffered by students. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 10, 2021 
Mr. DESAULNIER (for himself and Mr. STAUBER) introduced the following 
bill; which was referred to the Committee on Education and Labor 
A BILL 
To promote State requirements for local educational agencies 
and public elementary and secondary schools relating 
to the prevention and treatment of concussions suffered 
by students. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Student 
Athletes From Concussions Act’’. 
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SEC. 2. MINIMUM STATE REQUIREMENTS. 
Part F of title VIII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7881 et seq.) is amend-
ed by adding at the end the following: 
‘‘Subpart 6—State Requirements for the Prevention 
and Treatment of Concussions 
‘‘SEC. 8581. MINIMUM STATE REQUIREMENTS. 
‘‘(a) IN GENERAL.—Beginning fiscal year 2023, as 
a condition of receiving funds under this Act for a fiscal 
year, a State shall, not later than July 1 of the preceding 
fiscal year, certify to the Secretary in accordance with sub-
section (b) that the State has in effect and is enforcing 
a law or regulation that, at a minimum, establishes the 
following requirements: 
‘‘(1) LOCAL
EDUCATIONAL
AGENCY
CONCUS-
SION SAFETY AND MANAGEMENT PLAN.—Each local 
educational agency in the State (including each 
charter school that is considered a local educational 
agency under State law), in consultation with mem-
bers of the community in which the local educational 
agency is located, shall develop and implement a 
standard plan for concussion safety and manage-
ment for public schools served by the local edu-
cational agency that includes— 
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‘‘(A) the education of students, parents, 
and school personnel about concussions, includ-
ing— 
‘‘(i) the training of school personnel 
on evidence-based concussion safety and 
management, including on prevention, rec-
ognition, risk, academic consequences, and 
response for both initial and any subse-
quent concussions; and 
‘‘(ii) using, maintaining, and dissemi-
nating to students and parents release 
forms, treatment plans, observation, moni-
toring, and reporting forms, recordkeeping 
forms, and post-injury and prevention fact 
sheets about concussions; 
‘‘(B) supports for each student recovering 
from a concussion, including— 
‘‘(i) guiding the student in resuming 
participation in school-sponsored athletic 
activities and academic activities with the 
help of a multidisciplinary concussion man-
agement team, which shall include— 
‘‘(I) a health care professional, 
the parents of such student, and other 
relevant school personnel; and 
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‘‘(II) an individual who is as-
signed by the public school in which 
the student is enrolled to oversee and 
manage the recovery of the student; 
‘‘(ii) providing appropriate academic 
accommodations aimed at progressively re-
introducing cognitive demands on such a 
student; and 
‘‘(iii) if the student’s symptoms of 
concussion persist for a substantial period 
of time— 
‘‘(I) evaluating the student in ac-
cordance with section 614 of the Indi-
viduals with Disabilities Education 
Act (20 U.S.C. 1414) to determine 
whether the student is eligible for 
services under part B of such Act (20 
U.S.C. 1411 et seq.); or 
‘‘(II) evaluating whether the stu-
dent is eligible for services under sec-
tion 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794); and 
‘‘(C) best practices designed to ensure, 
with respect to concussions, the uniformity of 
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