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 Amendment CA_A_H519 (House)

COMMITTEE AMENDMENT "A" to H.P. 84, L.D. 98, "Resolve, Directing the 
Commissioner of Education To Adopt a Policy Regarding Management of Head Injuries 
in Youth Sports" 
Amend the resolve by striking out all of section 1 (page 1, lines 11 to 39 and page 2 
lines 1 to 11 in L.D.) and inserting the following: 
'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 cOlmnissioner," shall propose to public schools and private schools 
pursuant to section 2 a model policy on the management of head injuries in school 
athletic activities in accordance with the provisions ofthis section by January 1,2012. 
1. 
Working group. 
The commissioner shall reconvene the working group 
established pursuant to Resolve 2009, chapter 79 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 a representative of the 
Maine Athletic Trainers Association. The working group shall advise the commissioner 
on the proposal of a model policy on the management of head injuries in school athletic 
activities and on the procedures to update the model policy as medical knowledge of head 
Injuries progresses. 
2. 
Model policy. The model policy proposed by the commissioner under this 
resolve may include, but is not limited to, the following provisions: 
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; 
COMMITTEE AMENDMENT 
..... 
~ 
COMMITTIlE AMENDMENT'~ "to H.P. 84, L.D. 98 
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; 
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; 
F. The requirements and procedural steps that schools must follow in determining 
when a student suspected of having sustained a head injury after an evaluation under 
paragraph D is able to resume participation in the academic program; 
G. The requirements that 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 model policy proposed by the commissioner 
under this section; and 
H. That the commissioner, school administrative units and schools may share with 
statewide and local organizations that sponsor sports and athletics the 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; and be it further' 
Amend the resolve in section 2 in the first line (page 2, line 12 in L.D.) by striking 
out the following: "January" and inserting the following: 'July' 
Amend the resolve in section 2 in the next to the last line (page 2, line 15 in L.D.) by 
striking out the following: "policy adopted" and inserting the following: 'model policy 
proposed' 
SUMMARY 
This amendment directs the Commissioner of Education to propose a model policy 
for schools in Maine on the management of head injuries in school athletic activities. It 
directs the commissioner to reconvene the working group established pursuant to Resolve 
2009, chapter 79 to advise the commissioner on the prevention, diagnosis and treatment 
of concussive and other head injuries in student athletes. The amendment provides that a 
model policy may include requirements and procedural steps for schools to follow in 
determining when a student suspected of having sustained a head injury is able to resume 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 84, L.D. 98 
participation in the academic program. The bill establishes a date regarding when schools 
are required to adopt a policy on management of head injuries and to implement the 
policy of January 1,2012. The amendment changes the date to July 1, 2012. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/28/11 ;t;vac.. 
.ft,Of S 
LD98 
LR 50(02) 
Resolve, Directing the Commissioner of Education To Adopt a.Policy Regarding Management of Head 
Injuries in Youth Sports 
State Mandates 
Fiscal Note for Bill as Amended by Committee Amendment ,~ " 
Committee: Education and Cultural .t\ffairs 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Required Activity 
Unit Affected 
Requires all pubic schools and those private schools enrolling more than 60% of 
School 
their students at public expense to adopt and implement a policy on management of 
head injuries in school athletic practices, games and activities that is consistent with 
the model policy proposed by the Commissioner of Education by July 1,2012. 
Local Cost 
Insignificant 
statewide 
The required local activities in this bill maY,represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members Qf each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
·Fiscal Detail and Notes 
To the extent that the requirements included in this bill are already in place, the impact of this legislation on school 
administrative units is not expected to be significant. The impact to those school administrative units that have not put 
the requirements ofthis legislation into place can not be determined at this time. 
Additional costs to the Department of Education to convene a working group to advise the commissioner on the 
adoption of a policy on the management of head injuries in school activities can be absorbed within existing budgeted 
resources.