Resolve, Directing the Commissioner of Education To Adopt a Policy Regarding Management of Head Injuries in Youth Sports
Maine Legislature, Session 125, LD 0098
Committee: Education and Cultural Affairs
Sponsors: PILON, ALFOND, LAJOIE, LOVEJOY, MAZUREK, NELSON, WAGNER, CRAVEN, LANGLEY

Legislative Document 
No. 98 
H.P. 84 
House of Representatives, January 18, 2011 
Resolve, Directing the Commissioner of Education To Adopt a 
Policy Regarding Management of Head Injuries in Youth Sports 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PILON of Saco. 
Cosponsored by Senator ALFOND of Cumberland and 
Representatives: LAJOIE of Lewiston, LOVEJOY of Portland, MAZUREK of Rockland, 
McFADDEN of Dennysville, NELSON of Falmouth, WAGNER of Lewiston, Senators: 
CRAVEN of Androscoggin, LANGLEY of Hancock. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, head injuries in school athletic activities pose a risk to Maine's students; 
and 
Whereas, adoption of a policy on the management of head injuries will benefit 
Maine students beginning immediately upon implementation; 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 
Sec. 1.  Management of concussive and other head injuries in school 
athletic activities.  Resolved:  That the Commissioner of Education, referred to in this 
resolve as "the commissioner," shall adopt a policy on the management of head injuries in 
school athletic activities in accordance with the provisions of this section by January 1, 
2012. 
1.  Working group.  The commissioner shall convene a working group to meet 
during the summer and fall of 2011 and periodically thereafter to advise the 
commissioner on the prevention, diagnosis and treatment of concussive and other head 
injuries in student athletes.  The commissioner shall invite the participation in the 
working group of interested parties, including but not limited to representatives from the 
Maine Principals' Association, the Maine School Superintendents Association, the Maine 
School Board Association, the Maine School Management Association and the Acquired 
Brain Injury Advisory Council, sports medicine practitioners, medical providers and 
school athletic directors and trainers.  The working group shall advise the commissioner 
on the adoption of a policy on the management of head injuries in school athletic 
activities and on the updating of the policy as medical knowledge of head injuries 
progresses. 
2.  Mandatory provisions.  The policy adopted by the commissioner under this 
resolve must be distributed to school administrative units and schools in this State and 
must contain: 
A.  Information for students, parents or legal guardians, athletic directors and staff 
and coaches on head injury identification and management of head injuries; 
B.  The requirement that prior to each school year a student participating in a school 
athletic activity and the student's parent or legal guardian review the policy and sign a 
statement confirming that review; 
C.  Protocols and forms for use by schools in the implementation of the policy on the 
management of head injuries; 
D.  The requirement that a student suspected of having sustained a head injury in an 
athletic practice, game or activity must be removed from the athletic practice, game 
or activity immediately and evaluated for brain injury prior to returning to the athletic 
practice, game or activity; and 
E.  The requirement that a student suspected of having sustained a head injury after 
an evaluation under paragraph D must be banned from the athletic practice, game or 
activity for that day, for the period of time recommended by a national association of 
neurological physicians and until the school has received a written clearance for the 
student to resume participation from a licensed neurologist or athletic trainer stating 
that the student is free of symptoms of a head injury.  The requirement must stipulate 
that the neurologist or athletic trainer may serve in a volunteer capacity and is 
immune from liability for actions taken in that capacity except for gross negligence or 
willful or wanton misconduct; and be it further 
Sec. 2.  Adoption by schools.  Resolved:  That, beginning January 1, 2012, all 
public schools and private schools enrolling more than 60% of their students at public 
expense in this State must adopt and implement a policy on management of head injuries 
in school athletic practices, games and activities that is consistent with the policy adopted 
by the commissioner under section 1; and be it further 
Sec. 3.   Sharing information. Resolved:  That the commissioner, school 
administrative units and schools may share with statewide and local organizations that 
sponsor sports and athletics policies, information, training, protocols and forms 
developed under sections 1 and 2 regarding the management of head injuries in school 
athletic practices, games and activities. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Commissioner of Education to adopt a policy for schools in 
Maine on the management of head injuries in school athletic activities.  The policy must 
include information, protocols and forms and requirements for removing from an athletic 
practice, game or activity a student suspected of having sustained a head injury and for 
banning that student from participation for that day and until the school has received 
written clearance for the student to resume participation.  The resolve requires schools to 
adopt a policy on management of head injuries and to implement the policy beginning 
January 1, 2012.  The resolve allows the sharing of policies, information, training, 
protocols and forms with statewide and local organizations that sponsor sports and 
athletics.