H.R. 7590

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7590 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7590

To promote minimum State requirements for the prevention and treatment 
of concussions caused by participation in school sports, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 17, 2026

Mr. DeSaulnier (for himself and Mr. Stauber) introduced the following 
bill; which was referred to the Committee on Education and Workforce

_______________________________________________________________________

A BILL

To promote minimum State requirements for the prevention and treatment 
of concussions caused by participation in school sports, and for other 
purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protecting Student Athletes from 
Concussions Act''.

SEC. 2. MINIMUM STATE REQUIREMENTS.

(a) Minimum Requirements.--Each State that receives funds under the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
and does not meet the requirements described in this section, as of the 
date of enactment of this Act, shall, not later than the last day of 
the fifth full fiscal year after the date of enactment of this Act 
(referred to in this Act as the ``compliance deadline''), enact 
legislation or issue regulations establishing the following minimum 
requirements:
(1) Local educational agency concussion safety and 
management plan.--Each local educational agency in the State, 
in consultation with members of the community in which such 
agency is located, shall develop and implement a standard plan 
for concussion safety and management that--
(A) educates students, parents, and school 
personnel about concussions, through activities such 
as--
(i) training school personnel, including 
coaches, teachers, athletic trainers, related 
services personnel, and school nurses, on 
concussion safety and management, including 
training on the prevention, recognition, and 
academic consequences of concussions and 
response to concussions; and
(ii) using, maintaining, and disseminating 
to students and parents--
(I) release forms and other 
appropriate forms for reporting and 
record keeping;
(II) treatment plans; and
(III) prevention and post-injury 
observation and monitoring fact sheets 
about concussion;
(B) encourages supports, where feasible, for a 
student recovering from a concussion (regardless of 
whether or not the concussion occurred during school-
sponsored activities, during school hours, on school 
property, or during an athletic activity), such as--
(i) guiding the student in resuming 
participation in athletic activity and academic 
activities with the help of a multi-
disciplinary concussion management team, which 
may include--
(I) a health care professional, the 
parents of such student, a school 
nurse, relevant related services 
personnel, and other relevant school 
personnel; and
(II) an individual who is assigned 
by a public school to oversee and 
manage the recovery of such student;
(ii) providing appropriate academic 
accommodations aimed at progressively 
reintroducing cognitive demands on the student; 
and
(iii) if the student's symptoms of 
concussion persist for a substantial period of 
time--
(I) evaluating the student in 
accordance with section 614 of the 
Individuals with Disabilities Education 
Act (20 U.S.C. 1414) to determine 
whether the student is eligible for 
services under part B of such Act (20 
U.S.C. 1411 et seq.); or
(II) evaluating whether the student 
is eligible for services under section 
504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794); and
(C) encourages the use of best practices designed 
to ensure, with respect to concussions, the uniformity 
of safety standards, treatment, and management, such 
as--
(i) disseminating information on concussion 
safety and management to the public; and
(ii) applying uniform best practice 
standards for concussion safety and management 
to all students enrolled in public schools.
(2) Posting of information on concussions.--Each public 
elementary school and each public secondary school shall post 
on school grounds, in a manner that is visible to students and 
school personnel, and make publicly available on the school 
website, information on concussions that--
(A) is based on peer-reviewed scientific evidence 
(such as information made available by the Centers for 
Disease Control and Prevention);
(B) shall include information on--
(i) the risks posed by sustaining a 
concussion;
(ii) the actions a student should take in 
response to sustaining a concussion, including 
the notification of school personnel; and
(iii) the signs and symptoms of a 
concussion; and
(C) may include information on--
(i) the definition of a concussion;
(ii) the means available to the student to 
reduce the incidence or recurrence of a 
concussion; and
(iii) the effects of a concussion on 
academic learning and performance.
(3) Response to concussion.--If an individual designated 
from among school personnel for purposes of this Act, one of 
whom must be in attendance at every school-sponsored activity, 
suspects that a student has sustained a concussion (regardless 
of whether or not the concussion occurred during school-
sponsored activities, during school hours, on school property, 
or during an athletic activity)--
(A) the student shall be--
(i) immediately removed from participation 
in a school-sponsored athletic activity; and
(ii) prohibited from resuming participation 
in school-sponsored athletic activities--
(I) on the day the student 
sustained the concussion; and
(II) until the day the student is 
capable of resuming such participation, 
according to the student's written 
release, as described in paragraph (4); 
and
(B) the designated individual shall report to the 
parent or guardian of such student--
(i) any information that the designated 
school employee is aware of regarding the date, 
time, and type of the injury suffered by such 
student (regardless of where, when, or how a 
concussion may have occurred); and
(ii) any actions taken to treat such 
student.
(4) Return to athletics.--If a student has sustained a 
concussion (regardless of whether or not the concussion 
occurred during school-sponsored activities, during school 
hours, on school property, or during an athletic activity), 
before such student resumes participation in school-sponsored 
athletic activities, the school shall receive a written release 
from a health care professional, that--
(A) states that the student is capable of resuming 
participation in such activities; and
(B) may require the student to follow a plan 
designed to aid the student in recovering and resuming 
participation in such activities in a manner that--
(i) is coordinated, as appropriate, with 
periods of cognitive and physical rest while 
symptoms of a concussion persist; and
(ii) reintroduces cognitive and physical 
demands on such student on a progressive basis 
only as such increases in exertion do not cause 
the reemergence or worsening of symptoms of a 
concussion.
(5) Return to academics.--If a student enrolled in a public 
school in the State has sustained a concussion, the concussion 
management team (as described under paragraph (1)(B)(i)) of the 
school shall consult with and make recommendations to relevant 
school personnel and the student to ensure that the student is 
receiving the appropriate academic supports, including--
(A) providing for periods of cognitive rest over 
the course of the school day;
(B) providing modified academic assignments;
(C) allowing for gradual reintroduction to 
cognitive demands; and
(D) other appropriate academic accommodations or 
adjustments.
(b) Noncompliance.--
(1) First year.--If a State described in subsection (a) 
fails to comply with subsection (a) by the compliance deadline, 
the Secretary of Education shall reduce by 5 percent the amount 
of funds the State receives under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) for the first 
fiscal year following the compliance deadline.
(2) Succeeding years.--If the State fails to so comply by 
the last day of any fiscal year following the compliance 
deadline, the Secretary of Education shall reduce by 10 percent 
the amount of funds the State receives under that Act for the 
following fiscal year.
(3) Notification of noncompliance.--Prior to reducing any 
funds that a State receives under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) in accordance 
with this subsection, the Secretary of Education shall provide 
a written notification of the intended reduction of funds to 
the State and to the appropriate committees of Congress.

SEC. 3. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to affect civil or criminal 
liability under Federal or State law.

SEC. 4. DEFINITIONS.

In this Act:
(1) Concussion.--The term ``concussion'' means a type of 
mild traumatic brain injury that--
(A) is caused by a blow, jolt, or motion to the 
head or body that causes the brain to move rapidly in 
the skull;
(B) disrupts normal brain functioning and alters 
the mental state of the individual, causing the 
individual to experience--
(i) any period of observed or self-
reported--
(I) transient confusion, 
disorientation, or impaired 
consciousness;
(II) dysfunction of memory around 
the time of injury; or
(III) loss of consciousness lasting 
less than 30 minutes; or
(ii) any 1 of 4 types of symptoms, 
including--
(I) physical symptoms, such as 
headache, fatigue, or dizziness;
(II) cognitive symptoms, such as 
memory disturbance or slowed thinking;
(III) emotional symptoms, such as 
irritability or sadness; or
(IV) difficulty sleeping; and
(C) can occur--
(i) with or without the loss of 
consciousness; and
(ii) during participation in any organized 
sport or recreational activity.
(2) Health care professional.--The term ``health care 
professional'' means an individual--
(A) who has been trained in diagnosis and 
management of concussion in a pediatric population;
(B) who is registered, licensed, certified, or 
otherwise statutorily recognized by the State to 
provide such diagnosis and management; and
(C) whose scope of practice and experience includes 
the diagnosis and management of traumatic brain injury 
among a pediatric population.
(3) Local educational agency; state.--The terms ``local 
educational agency'' and ``State'' have the meanings given such 
terms in section 8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).
(4) Related services personnel.--The term ``related 
services personnel'' means individuals who provide related 
services, as defined under section 602 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401).
(5) School-sponsored athletic activity.--The term ``school-
sponsored athletic activity'' means--
(A) any physical education class or program of a 
school;
(B) any athletic activity authorized during the 
school day on school grounds that is not an 
instructional activity;
(C) any extra-curricular sports team, club, or 
league organized by a school on or off school grounds; 
and
(D) any recess activity.
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