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Minnesota Legislature

Office of the Revisor of Statutes

SF 612

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:20pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; establishing policies for youth athletes with concussions
resulting from participation in youth athletic activities; amending Minnesota
Statutes 2010, sections 124D.10, subdivision 8; 128C.02, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.045] YOUTH SPORTS PROGRAMS.
new text end

new text begin (a) Consistent with section 121A.323, any municipality, business, or nonprofit
organization that organizes a youth athletic activity for which an activity fee is charged
shall:
new text end

new text begin (1) make information accessible to all participating coaches, officials, and youth
athletes and their parents or guardians about the nature and risks of concussions, including
the effects and risks of continuing to play after receiving a concussion, and the protocols
and content, consistent with current medical knowledge from the Centers for Disease
Control and Prevention, related to:
new text end

new text begin (i) the nature and risks of concussions associated with athletic activity;
new text end

new text begin (ii) the signs, symptoms, and behaviors consistent with a concussion;
new text end

new text begin (iii) the need to alert appropriate medical professionals for urgent diagnosis and
treatment when a youth athlete is suspected or observed to have received a concussion; and
new text end

new text begin (iv) the need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to play; and
new text end

new text begin (2) require all participating coaches and officials to receive initial online training and
online training at least once every three calendar years thereafter, consistent with clause
(1) and the Concussion in Youth Sports online training program available on the Centers
for Disease Control and Prevention Web site.
new text end

new text begin (b) A coach or official shall remove a youth athlete from participating in any youth
athletic activity when the youth athlete:
new text end

new text begin (1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
new text end

new text begin (2) is suspected of sustaining a concussion.
new text end

new text begin (c) When a coach or official removes a youth athlete from participating in a youth
athletic activity because of a concussion, the youth athlete may not again participate in the
activity until the youth athlete:
new text end

new text begin (1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion;
and
new text end

new text begin (2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to again
participate in the activity.
new text end

new text begin (d) Failing to remove a youth athlete from an activity under this section does not
violate section 604A.11, subdivision 2, clause (6), consistent with paragraph (e).
new text end

new text begin (e) This section does not create any additional liability for, or create any new cause
of legal action against, a municipality, business, or nonprofit organization or any officer,
employee, or volunteer of a municipality, business, or nonprofit organization.
new text end

new text begin (f) For the purposes of this section, a municipality means a home rule charter city, a
statutory city or a town.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning September 1, 2011.
new text end

Sec. 2.

new text begin [121A.323] CONCUSSION PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 121A.045,
the following terms have the meanings given them.
new text end

new text begin (b) "Concussion" means a complex pathophysiological process affecting the brain,
induced by traumatic biokinetic forces caused by a direct blow to either the head, face, or
neck, or elsewhere on the body with an impulsive force transmitted to the head that may
involve the rapid onset of short-lived impairment of neurological function and clinical
symptoms, loss of consciousness, or prolonged postconcussive symptoms.
new text end

new text begin (c) "Provider" means a health care provider who is:
new text end

new text begin (1) registered, licensed, certified, or otherwise statutorily authorized by the state to
provide medical treatment;
new text end

new text begin (2) trained and experienced in evaluating and managing pediatric concussions; and
new text end

new text begin (3) practicing within the person's medical training and scope of practice.
new text end

new text begin (d) "Youth athlete" means a young person through age 18 who actively participates
in an athletic activity, including a sport.
new text end

new text begin (e) "Youth athletic activity" means any sport or other athletic activity related to
competition, practice, or training exercises which is intended for youth athletes and
at which a coach or official is present in an official capacity as a coach or official. For
purposes of school-sponsored sports under this section, youth athletic activities are
extracurricular athletic activities.
new text end

new text begin Subd. 2. new text end

new text begin School-sponsored sports. new text end

new text begin (a) The appropriate sports governing body,
including the high school league under chapter 128C, among other sports governing
bodies, shall work with public and nonpublic school coaches, officials, and youth athletes
and their parents or guardians to make information available about the nature and risks
of concussions, including the effects of continuing to play after receiving a concussion.
The information shall include protocols and content, consistent with current medical
knowledge from the Centers for Disease Control and Prevention, related to:
new text end

new text begin (1) the nature and risks of concussions associated with athletic activity;
new text end

new text begin (2) the signs, symptoms, and behaviors consistent with a concussion;
new text end

new text begin (3) the need to alert appropriate medical professionals for urgent diagnosis and
treatment when a youth athlete is suspected or observed to have received a concussion; and
new text end

new text begin (4) the need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to play.
new text end

new text begin A sports governing body that posts or provides appropriate links to the information
indicated in this paragraph has complied with the requirements of this paragraph.
new text end

new text begin (b) Consistent with paragraph (a), the appropriate sports governing body shall
provide access to the Concussion in Youth Sports online training program available on
the Centers for Disease Control and Prevention Web site. Each school coach and official
involved in youth athletic activities must receive initial online training and online training
at least once every three school years thereafter.
new text end

new text begin (c) At the start of each school year, school officials shall make information available
about the nature and risks of concussions to youth athletes and their parents or guardians.
If a parent of a youth athlete must sign a consent form to allow the youth athlete to
participate in a school-sponsored athletic activity, the form must include information
about the nature and risk of concussions.
new text end

new text begin (d) A coach or official shall remove a youth athlete from participating in any youth
athletic activity when the youth athlete:
new text end

new text begin (1) exhibits signs, symptoms, or behaviors consistent with a concussion; or
new text end

new text begin (2) is suspected of sustaining a concussion.
new text end

new text begin (e) When a coach or official removes a youth athlete from participating in a youth
athletic activity because of a concussion, the youth athlete may not return to the activity
until the youth athlete:
new text end

new text begin (1) no longer exhibits signs, symptoms, or behaviors consistent with a concussion;
and
new text end

new text begin (2) is evaluated by a provider trained and experienced in evaluating and managing
concussions and the provider gives the youth athlete written permission to again
participate in the activity.
new text end

new text begin (f) Failing to remove a youth athlete from an activity as required under this section
does not violate section 604A.11, subdivision 2, clause (6), consistent with paragraph (g).
new text end

new text begin (g) This section does not create any additional liability for, or create any new cause
of legal action against, a school or school district or any officer, employee, or volunteer of
a school or school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2011-2012 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2010, section 124D.10, subdivision 8, is amended to read:


Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

(c) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(f) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and
471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83,
except to the extent deviations are necessary because of the program at the school.
Deviations must be approved by the commissioner and authorizer. The Department of
Education, state auditor, legislative auditor, or authorizer may conduct financial, program,
or compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
subdivision 7
; 121A.75; and 260B.171, subdivisions 3 and 5.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

new text begin (r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.323.
new text end

Sec. 4.

Minnesota Statutes 2010, section 128C.02, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Concussion awareness, safety, and protection. new text end

new text begin The league may adopt
a concussion awareness, safety, and protection policy that exceeds the requirements of
section 121A.323.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2011-2012 school year and
later.
new text end