Managing Seizures in School -
Frequently Asked Questions

Effective the 2022-2023 school year and beyond, new Minnesota Statutes require a Minnesota school district or charter school to implement seizure action plans and training to meet the needs of students with a seizure disorder and who may need seizure rescue medication administration. Minnesota Statute 121A.24 Seizure Training and Action Plan

1. Who can write a "Seizure Action Plan" as defined by Minnesota Statute 121A.24?
   1. A licensed school nurse (LSN) or registered nurse (RN) employed in a school or district is best practice. These nurses have a scope of practice that allows them to assess and develop full Individual Health Plans (IHP) and Emergency Care Plans (ECP) describing the student's typical seizure types, and the proper response to those seizures. LSN or RN can identify the designated person who will respond and administer medication to the student when needed.
   2. If there is not an LSN nor RN, then an individual who has the authority, responsibility, or assignment to provide care to the student with seizures is the best choice.
      1. The person should follow school or district procedures to obtain written authorization and direction to administer medication from the students licensed health care provider.
      2. Districts or schools should consider using one of the Seizure Action Plan templates provided.


2. What if the seizure action plan received from the licensed health care provider does not have all the requirements as defined in the statute?
   1. The school or district may develop a separate Emergency Care Plan or modify the seizure action plan received to clearly indicate who is responsible to respond and administer the medication, where the medication will be located and where the copy of the plan will be kept.


3. Can the LSN or RN incorporate the requirements of a "seizure action plan" as defined in this statute into an IHP or ECP?
   1. Yes, the elements as defined by statute may be incorporated into IHP and ECP plans.


4. Can the Seizure Action Plan fit into a student's 504 Plan or Individualized Education Plan (IEP)?
   1. Yes, the Seizure Action Plan can be used with a 504 plan or IEP as an accommodation or intervention.


5. Does the school or district need to develop a seizure action plan if the student does NOT require emergency medication, or if the parent does not provide medication or does not want to collaborate to implement the plan?
   1. No, a written plan would not technically be required. 
   2. Schools should educate and communicate with parents/guardians about the importance of providing for the health and safety of the student including providing care should the student have a seizure in school.


6. Does the school still need a medication authorization from a licensed health care provider if there is a seizure action plan written by the school?
   1. The answer depends upon the type of seizure action plan used by the school or district.
   2. Yes, the seizure action plan, as defined in Minnesota Statute 121A.24, does not substitute for the medication authorization. The school or district should follow their established policy and procedures for medication authorization.
   3. If the licensed health care provider develops a seizure action plan or the school uses a seizure action plan such as developed by the Epilepsy Foundation which includes medication authorization, the school or district should evaluate the plan to ensure that the medication authorization component meets policy and procedures of the district and is signed by the licensed health care provider.


7. What if the LSN, RN or designated individual location is not the same location where the student attends?
   1. A copy of the plan should be available in the same location that the student attends, readily available to those persons who will be responding and administering medication to the student in the event of a seizure. Often the seizure action plan is kept with the medication to be administered. Attention must be made to keep the plan protected and not open and within public view. The original plan should be maintained in the student health record by the LSN, RN or designated individual.


8. Who must receive the completed seizure action plan?
   1. All staff or volunteers responsible for the supervision or care of a student with a diagnosed seizure disorder.
   2. The licensed school nurse or designated individual who is trained in seizure rescue medication administration.


9. What if the child has a Vagal Nerve Stimulator (VNS)?
   1. The LSN, RN or designated individual will need to work with the licensed health care provider and parent or caregiver to address how the VNS and medication administration are incorporated into the seizure action plan.


10. What if our school does not have any students that currently require a seizure action plan - what are the requirements under statute?
    1. The statute has the following training requirements: A school district or charter school must provide all licensed school nurses or, in the absence of a licensed school nurse, a professional nurse or designated individual and other school staff working with students with self-study materials on seizure disorder signs, symptoms, medications, and appropriate responses.


11. Does this statute apply to non-public schools?
    1. The statute does not specifically list non-public schools.  However, a non-public should consider implementing as a best practice for students with seizures.