An Act To Direct the Commissioner of Education To Adopt a Model Policy Regarding Management of Head Injuries in School Activities and Athletics
Maine Legislature, Session 125, LD 1873
Committee: Education and Cultural Affairs pursuant to Joint Order, S
Amends: 20-A MRSA §254, 20-A MRSA §1001

Legislative Document 
No. 1873 
S.P.654 
In Senate, March 13,2012 
An Act To Direct the Commissioner of Education To Adopt a Model 
Policy Regarding Management of Head Injuries in School Activities 
and Athletics 
(EMERGENCY) 
Reported by Senator LANGLEY of Hancock for the Joint Standing Committee on 
Education and Cultural Affairs pursuant to Joint Order, S.P. 644. 
::r ~'t~ &. C"I\~\.y\ J'""r. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, students who participate in certain school activities and athletics are at 
risk of suffering concussive and other head injuries; and 
Whereas, immediate enactment of this legislation will facilitate adoption of a model 
policy on the management of concussive and other head injuries that will benefit the 
health and safety of Maine's students; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §254, sub-§16 is enacted to read: 
16.  Model policy for management of concussive and other head injuries.  In 
consultation with organizations representing school principals, school boards, school 
superintendents, athletic directors, athletic trainers, sports medicine practitioners, the 
Acquired Brain Injury Advisory Council established in Title 34-B, section 19001 and 
other interested parties, the commissioner shall develop a model policy on the 
management of concussive and other head injuries in school activities and athletics. 
Sec. 2.  20-A MRSA §1001, sub-§19 is enacted to read: 
19.  Adoption of policy to manage concussive and other head injuries.  Beginning 
January 1, 2013, the school board of each public school and the governing body of each 
private school enrolling more than 60% of its students at public expense in this State shall 
adopt and implement a policy on the management of concussive and other head injuries 
in school activities and athletics that is consistent with the model policy developed by the 
commissioner in accordance with section 254, subsection 16. 
Sec. 3.  Working group.  The Commissioner of Education shall convene a 
working group to meet during the spring and summer of 2012, and periodically thereafter, 
to advise the commissioner on the prevention, diagnosis and treatment of concussive and 
other head injuries in students and student athletes.  The commissioner shall invite 
representatives 
from 
the 
Maine 
Principals’ Association, 
the 
Maine 
School 
Superintendents Association, the Maine School Boards Association, the Maine School 
Management Association, the Acquired Brain Injury Advisory Council, the Maine 
Athletic Directors Association, the Maine Athletic Trainers Association, the Maine 
Concussion Management Initiative, sports medicine practitioners and medical providers 
to participate in the working group. 
Sec. 4.  Model policy.  The working group under section 3 shall advise the 
Commissioner of Education on the provisions to be included in the model policy under 
the Maine Revised Statutes, Title 20-A, section 254, subsection 16 for the management of 
concussive and other head injuries in school activities and athletics and on the procedures 
to update the policy as medical knowledge of head injuries progresses.  The model policy 
proposed by the commissioner must include, but is not limited to, the following 
provisions: 
1.  Training.  A requirement that athletic directors, coaches and other school 
personnel involved with school activities and athletics must be trained in the 
identification and management of concussive and other head injuries; 
2.  Student and parental acknowledgment.  A requirement that prior to each school 
year each student participating in a school athletic activity and the student's parent or 
legal guardian must review the school's policy for the management of concussive and 
other head injuries and sign a statement acknowledging that review; 
3.  Protocols and forms.  A requirement that the Department of Education must 
create protocols and forms that must be used by schools in the implementation of the 
policy on the management of concussive and other head injuries; 
4.  Immediate removal and evaluation.  A requirement that a student suspected of 
having sustained a concussive or other head injury in any school activity or athletic 
practice or game must be removed from the activity, practice or game immediately and 
evaluated for brain injury prior to returning to the activity or practices and games; and 
5.  Medical clearance.  A requirement that a student suspected of having sustained a 
concussion after an evaluation under subsection 4 must be banned from the school 
activity or athletic practices and games until the student has received written medical 
clearance from a licensed health care provider trained in concussion management for the 
student to begin the gradual resumption of participation in the activity or practices and 
games based on the current standards of care. 
Sec. 5.  Implementation of model policy; phase-in.  In accordance with the 
provisions of section 4 and by September 1, 2012, the Commissioner of Education shall 
develop a model policy for the management of concussive and other head injuries as set 
forth in the Maine Revised Statutes, Title 20-A, section 254, subsection 16 for full 
implementation by school administrative units and private schools enrolling more than 
60% of their students at public expense in this State no later than the 2013-2014 school 
year.  Notwithstanding Title 20-A, section 1001, subsection 19, the implementation of the 
model policy must be phased in according to the following timeline. 
1.  Local adoption by January 1, 2013.  The school board of each school 
administrative unit and the governing body of each private school enrolling more than 
60% of its students at public expense in this State shall adopt and begin implementation 
of a policy on the management of concussive and other head injuries as set forth in Title 
20-A, section 1001, subsection 19 no later than January 1, 2013. 
2.  Phased-in implementation.  The school board of each school administrative unit 
and the governing body of each private school enrolling more than 60% of its students at 
public expense in this State shall gradually implement their policies, including the 
requirements included in the model policy developed by the commissioner, during the 
2012-2013 and 2013-2014 school years and in accordance with the regular sequence of 
school activities and athletic seasons over that period of time so that the policies are fully 
implemented by the end of the 2013-2014 school year. 
The commissioner shall report to the joint standing committee of the Legislature 
having jurisdiction over education matters by January 15, 2014 on the status of the 
implementation of the policies. 
Sec. 6.  Sharing information.  The Commissioner of Education, school 
administrative units and private schools enrolling more than 60% of their students at 
public expense in this State may share with statewide and local organizations that sponsor 
sports and athletics the model policy, information, training, protocols and forms 
developed under section 4 regarding the management of concussive and other head 
injuries in school activities and athletics. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is reported out by the Joint Standing Committee on Education and Cultural 
Affairs pursuant to Joint Order 2011, S.P. 644.  The bill directs the Commissioner of 
Education to propose a model policy for public schools and private schools enrolling 
more than 60% of their students at public expense in this State on the management of 
concussive and other head injuries in school activities and athletics.  The bill also 
accomplishes the following. 
1.  It directs the commissioner to invite representatives of educational stakeholders 
and interested parties to participate in a working group that will meet during the spring 
and summer of 2012 to develop a model policy that addresses the prevention, diagnosis 
and treatment of concussive and other head injuries in students and student athletes. 
2. It provides that the model policy must include the following requirements: 
A. That athletic directors, coaches and other school personnel involved with school 
activities and athletics must be provided with training in the identification and 
management of concussive and other head injuries; 
B. That a student participating in a school athletic activity and the student's parent or 
legal guardian must review the school's policy on the management of concussive and 
other head injuries; 
C. That schools must use protocols and forms in the implementation of the policy on 
the management of concussive and other head injuries; 
D. That a student suspected of having sustained a concussive or other head injury in 
any activity or athletic practice or game must be removed from participation 
immediately and evaluated for brain injury prior to returning to the activity or 
practices and games; and 
E. That a student suspected of having sustained a concussion after an evaluation must 
be banned from further participation until the student has received written medical 
clearance from a licensed health care provider trained in concussion management for 
the student to begin the gradual resumption of participation in the activity or practices 
and games. 
3. It establishes that schools are required to adopt a policy on management of head 
injuries and begin implementation of the policy by January 1, 2013 and further provides 
that schools must gradually implement the policy during the 2012-2013 and 2013-2014 
school years. 
4. It provides that the Commissioner of Education and school officials may share the 
model policy on the management of concussive and other head injuries, including the 
information, training, protocols and forms included in the policy, with statewide and local 
organizations that sponsor sports and athletics.