49468.2. (a) (1) If a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupil’s health care provider, the pupil’s local educational agency, upon receipt of a request from the pupil’s parent or guardian, may designate one or more volunteers at the pupil’s school to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (c), regarding the emergency use of anti-seizure medication from the school nurse or other qualified person designated by an authorizing physician and surgeon. There shall be no retaliation against any individual who chooses not to volunteer or who rescinds the individual’s offer to volunteer, including after receiving training.
(2) An employee who volunteers pursuant to this article may rescind their offer to administer emergency anti-seizure medication at any time, including after receipt of training.
(b) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who is designated pursuant to paragraph (1) of subdivision (a) and who has received training as described in that paragraph, may administer emergency anti-seizure medication in accordance with this article to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure.
(c) (1) The Superintendent shall, on or before July 1, 2023, establish minimum standards of training to recognize and respond to seizures, including training for the administration of emergency anti-seizure medication that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review the minimum standards of training for the administration of emergency anti-seizure medication that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in epilepsy and administering emergency anti-seizure medication and administering medication in a school environment, including, but not limited to, the Epilepsy Foundation, Epilepsy Foundations in California, the California School Nurses Organization, the California Medical Association, and the American Academy of Pediatrics.
(2) Training established pursuant to this subdivision shall include all of the following:
(A) Recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to those symptoms.
(B) Administration, or assisting with the self-administration of, an emergency anti-seizure medication, or a medication or therapy prescribed to treat the symptoms of seizures, seizure disorders, or epilepsy, including manual vagus nerve stimulation, approved by the United States Food and Drug Administration, or any successor agency.
(C) Basic emergency followup procedures.
(D) Written materials covering the information required under this subdivision.
(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.
(4) A school shall retain for reference the written materials prepared under subparagraph (D) of paragraph (2).
(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer emergency anti-seizure medication.
(6) Training established pursuant to this subdivision shall be provided to the volunteer at no cost to the volunteer and during the volunteer’s regular working hours.
(d) (1) Except as provided in paragraph (2), any local educational agency or school, upon receipt of a parent or guardian’s request pursuant to subdivision (a), shall distribute a notice at least once but no more than two times per school year to all staff that includes all of the following information:
(A) A description of the volunteer request stating that the request is for volunteers to be trained to recognize and respond to seizures, including training to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure.
(B) A description of the training that the volunteer will receive pursuant to subdivision (c).
(C) The right of an employee to rescind their offer to volunteer pursuant to this article.
(D) A statement that there will be no retaliation against any individual for rescinding the individual’s offer to volunteer, including after receiving training.
(2) Notwithstanding paragraph (1), if a volunteer rescinds the volunteer’s offer to volunteer or is no longer able to act as a volunteer for any reason, or if the placement of a pupil changes and the pupil no longer has access to a trained volunteer, an additional two notices per school year may be distributed to all staff.
(e) Pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended, (29 U.S.C. Sec. 794), and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), upon receipt of the parent’s or guardian’s request pursuant to subdivision (a), the local educational agency shall notify the parent or guardian that the parent or guardian’s child may qualify for services or accommodations pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program and shall assist the parent or guardian with the exploration of that option.
(f) The local educational agency may ask the parent or guardian to sign a notice verifying that the parent or guardian was given information about Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and that the parent or guardian understands that it is the parent or guardian’s right to request a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program at any time.
(g) If there are no volunteers at the pupil’s school pursuant to subdivision (a) the local educational agency shall notify the pupil’s parent or guardian of the pupil’s right to be assessed for services and accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(h) This section shall not be construed to preclude the negotiation by collective bargaining of additional compensation for volunteers.
(Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)