Several Ohio laws recently went into effect last month, and are aimed at how schools provide certain health services to students and how schools notify parents of services offered. To prepare for complying with these laws next school year, districts should review the following information on HB 8 and healthcare services, SB 234 and suicide prevention, and HB 206 and seizure action plans.
1. HB 8 – Healthcare Services
Among many other items on HB 8’s agenda, it requires schools to notify parents of the various healthcare services that the district offers. HB 8, codified as R.C. 3313.473, requires that schools send this notice by August 1 of each school year. Importantly, the notice is an “opt-out” consent form, meaning that a parent must check a box to indicate that they do not want their child to receive the specific healthcare service.
The notice must include a description of the type of healthcare service that the district offers itself or in conjunction with outside healthcare providers, such as a local hospital system. The notice must also state whether Ohio law requires the district to provide the healthcare service and whether alternative options to receive such care are available. Note that there will always be an alternative option for students to receive the particular healthcare service outside of school by a healthcare provider.
At this time, the notice should include all healthcare services that the district offers, whether or not the district is required to provide or acquire proof of such services (i.e. dental or hearing screenings).
Districts may find it easiest to include these notices in the annual Final Forms packet pushed out to parents over the summer. Please reach out to counsel for assistance drafting these notices.
2. SB 234 – Suicide Prevention
SB 234, codified as R.C. 3313.474, requires schools serving grades 9 through 12 to publish the telephone number for the suicide and crisis lifeline (988) on:
Each student ID card issued after April 9, 2025;
Each planner issued to a student after April 9, 2025; and
Any electronic portal administered by the District or building that can be accessed by students.
Note that the legislature used the term “issued,” meaning even if a student’s planner was printed or published before April 9, it must include the 988 number if next year’s planners are given to students after April 9. But if a student’s ID card was issued before April 9, and does not need to be renewed, the district is not obligated to reprint and reissue those cards.
3. HB 206 – Individualized Seizure Action Plans
HB 206, codified as R.C. 3313.7117, slightly changed the requirements for schools creating individualized seizure action plans for students with a seizure disorder. The statute defines “seizure disorders” as epilepsy or any involuntary disturbance of brain function that involves symptoms such as impairment, loss of consciousness, behavioral abnormalities, sensory disturbance, or convulsions.
For any student enrolled in the district who has an active seizure disorder diagnosis, the school nurse of that student’s building must create an individualized seizure action plan (ISAP) in conjunction with the student’s parents or guardian. For districts who do not have a school nurse, another district or school employee should be appointed. The ISAP must include:
A written request signed by the student’s parent or guardian to have one or more drugs prescribed for a seizure disorder administered to the student; and
A written statement from the student's treating practitioner providing the drug information for each drug prescribed to the student for a seizure disorder. This approval must include the following information:
Student’s name and address;
Name of the drug and the dosage that is to be administered;
How the drug is to be administered to the student (i.e. intravenously);
Written instructions that outline the procedures to follow if the drug does not prevent the onset of a seizure or alleviate the symptoms of a seizure;
Any severe adverse reactions that may occur when the prescribed student takes the drug and the need to report those to the physician;
Any severe adverse reactions that may occur when another student, to whom the drug is not prescribed, takes a dose of the drug;
At least one emergency telephone number for the physician;
Any other special instructions.
An ISAP must be renewed each year. Districts should consult legal counsel for assistance in drafting these individualized seizure action plans.
Additionally, the seizure action plan must be maintained in the school nurse’s office or in a school administrator’s office if the district does not employ a full-time school nurse. The nurse (or other designee) must provide a copy of the seizure action plan to all school employees, contractors, and volunteers who: 1) regularly interact with the student, 2) have a legitimate educational interest in the student or is responsible for the direct supervision of the student, or 3) are responsible for the transportation of the student to and from school.
It is the responsibility of the school nurse (or other designee) to ensure that the individuals who have a copy of ISAP also receive the necessary training in responding to a seizure event. That training consists of the following:
General seizure training on responding and administering drugs, which includes:
Recognizing signs and symptoms of a seizure;
The appropriate treatment for a student who exhibits symptoms of a seizure; and
Administering drugs prescribed for seizure disorders.
Specific training on administering the particular drug to the student.
Only those individuals who have received a copy of the ISAP and who have received the proper training may administer the prescribed medication.
A district must always have at least one employee in each school building—in addition to a school nurse—who is designated to receive the above training on implementing seizure action plans. The training should occur every two years, and it qualifies as professional development.
All administrators, guidance counselors, teachers, or bus drivers must complete a minimum of 1 hour of training (self-study or in-person) on seizure disorders by October 3, 2025. The same positions hired after that date should complete the training within 90 days of employment.