I 
116TH CONGRESS 
2D SESSION 
H. R. 5611 
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 
JANUARY 15, 2020 
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 of 2020’’. 
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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 2021, 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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‘‘(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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safety standards, treatment, and management, 
including— 
‘‘(i) disseminating information on con-
cussion safety and management to the 
public; and 
‘‘(ii) applying best practice and uni-
form standards for concussion safety and 
management to all students enrolled in the 
public schools served by the local edu-
cational agency. 
‘‘(2) POSTING OF INFORMATION ON CONCUS-
SIONS.—Each public school in the State shall post 
on school grounds, in a manner that is visible to stu-
dents and school personnel, and make publicly avail-
able on the school website, information on concus-
sions that— 
‘‘(A) is based on peer-reviewed scientific 
evidence or consensus (such as information 
made available by the Centers for Disease Con-
trol and Prevention); 
‘‘(B) shall include— 
‘‘(i) the risks posed by sustaining a 
concussion or multiple concussions; 
‘‘(ii) the actions a student should take 
in response to sustaining a concussion, in-
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cluding the notification of school personnel; 
and 
‘‘(iii) the signs and symptoms of a 
concussion; and 
‘‘(C) may include— 
‘‘(i) the definition of a concussion 
under section 8582(1); 
‘‘(ii) the means available to the stu-
dent to reduce the incidence or recurrence 
of a concussion; and 
‘‘(iii) the effects of a concussion on 
academic learning and performance. 
‘‘(3) RESPONSE
TO
A
CONCUSSION.—If any 
school personnel of a public school in the State sus-
pect that a student has sustained a concussion dur-
ing a school-sponsored athletic activity or other 
school-sponsored activity— 
‘‘(A) the student shall be— 
‘‘(i) immediately removed from par-
ticipation in such activity; and 
‘‘(ii) prohibited from resuming partici-
pation in school-sponsored athletic activi-
ties— 
‘‘(I) on the day the student sus-
tained the concussion; and 
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‘‘(II) until the day the student is 
capable of resuming such participa-
tion, according to the student’s writ-
ten release, as described in paragraph 
(4); 
‘‘(B) the school personnel shall report to 
the concussion management team— 
‘‘(i) that the student may have sus-
tained a concussion; and 
‘‘(ii) all available information with re-
spect to the student’s injury; and 
‘‘(C) the concussion management team 
shall confirm and report to the parents of the 
student— 
‘‘(i) the type of injury, and the date 
and time of the injury, suffered by the stu-
dent; and 
‘‘(ii) any actions that have been taken 
to treat the student. 
‘‘(4) RETURN TO ATHLETICS.—If a student en-
rolled in a public school in the State sustains a con-
cussion, before the student resumes participation in 
school-sponsored athletic activities, the relevant 
school personnel shall receive a written release from 
a health care professional, that— 
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‘‘(A) 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 phys-
ical demands on the student on a progres-
sive basis so long as such increases in exer-
tion do not cause the reemergence or wors-
ening of symptoms of a concussion; and 
‘‘(B) states that the student is capable of 
resuming participation in such activities once 
the student is asymptomatic. 
‘‘(5) RETURN TO ACADEMICS.—If a student en-
rolled in a public school in the State has sustained 
a concussion, the concussion management team (as 
described under paragraph (1)(B)(i)) of the school 
shall consult with and make recommendations to rel-
evant school personnel and the student to ensure 
that the student is receiving the appropriate aca-
demic supports, including— 
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‘‘(A) providing for periods of cognitive rest 
over the course of the school day; 
‘‘(B) providing modified academic assign-
ments; 
‘‘(C) allowing for gradual reintroduction to 
cognitive demands; and 
‘‘(D) other appropriate academic accom-
modations or adjustments. 
‘‘(b) CERTIFICATION REQUIREMENT.—The certifi-
cation required under subsection (a) shall be in writing 
and include a description of the law or regulation that 
meets the requirements of subsection (a). 
‘‘SEC. 8582. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) 
CONCUSSION.—The 
term 
‘concussion’ 
means a type of mild 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 physiological state of the indi-
vidual, causing the individual to experience— 
‘‘(i) any period of observed or self-re-
ported— 
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‘‘(I) transient confusion, dis-
orientation, or altered consciousness; 
‘‘(II) 
dysfunction 
of 
memory 
around the time of injury; or 
‘‘(III) disruptions in gait or bal-
ance; and 
‘‘(ii) symptoms that may include— 
‘‘(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; or 
‘‘(IV) difficulty sleeping; and 
‘‘(C) occurs— 
‘‘(i) with or without the loss of con-
sciousness; and 
‘‘(ii) during participation— 
‘‘(I) in a school-sponsored ath-
letic activity; or 
‘‘(II) in any other activity with-
out regard to whether the activity 
takes place on school property or dur-
ing the school day. 
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‘‘(2) HEALTH CARE PROFESSIONAL.—The term 
‘health care professional’ means an individual— 
‘‘(A) who has been educated in diagnosis 
and management of concussion in a pediatric 
population; 
‘‘(B) is registered, licensed, nationally cer-
tified, or otherwise statutorily recognized by the 
State to provide such diagnosis and manage-
ment; and 
‘‘(C) whose scope of practice and experi-
ence includes the diagnosis and management of 
traumatic brain injury among a pediatric popu-
lation. 
‘‘(3) 
PUBLIC
SCHOOL.—The 
term 
‘public 
school’ means a public elementary school or public 
secondary school. 
‘‘(4) SCHOOL PERSONNEL.—The term ‘school 
personnel’ includes teachers, principals, administra-
tors, 
counselors, 
social 
workers, 
psychologists, 
nurses, librarians, coaches and athletic trainers, and 
other support staff who are employed by a school or 
who perform services for the school on a contractual 
basis. 
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‘‘(5) SCHOOL-SPONSORED
ATHLETIC
ACTIV-
ITY.—The term ‘school-sponsored athletic activity’ 
means— 
‘‘(A) any physical education class or pro-
gram of a public school; 
‘‘(B) any athletic activity authorized by a 
public school that takes place during the school 
day on the school’s property; 
‘‘(C) any activity of an extra-curricular 
sports team, club, or league organized by a pub-
lic school; and 
‘‘(D) any recess activity of a public 
school.’’. 
SEC. 3. CONFORMING AMENDMENTS. 
The table of contents in section 2 of the Elementary 
and Secondary Education Act of 1965 is amended by in-
serting after the item relating to section 8574 the fol-
lowing: 
‘‘SUBPART 6—STATE REQUIREMENTS FOR THE PREVENTION AND TREATMENT 
OF CONCUSSIONS 
‘‘Sec. 8581. Minimum State requirements. 
‘‘Sec. 8582. Definitions.’’. 
Æ 
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