Protecting Student Athletes from Concussions Act
- Bill Number
- H.R. 7590
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2026-02-17: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-06-19T08:07:07Z
AI-Generated Summary
Purpose of the Legislation
The Protecting Student Athletes from Concussions Act aims to establish minimum national standards for states to prevent, recognize, and manage concussions among students participating in school sports or activities. It ties compliance to federal education funding, encouraging states to protect student health without overriding existing legal liabilities.
Key Provisions
- Compliance Timeline and Scope: States receiving funds under the Elementary and Secondary Education Act of 1965 (ESEA, a federal law providing money for K-12 education) must enact laws or regulations by the end of the fifth full fiscal year after the bill's enactment (the "compliance deadline"). This applies to public schools and covers concussions from any cause, not just sports.
- Local Educational Agency (LEA) Concussion Safety Plans: Each school district (LEA) must create and implement a plan, developed with community input, that includes:
- Education for students, parents, and school staff (e.g., coaches, teachers, nurses) on concussion prevention, recognition, symptoms, and academic effects. This involves training and distributing forms, fact sheets, and treatment plans.
- Support for recovering students, such as multidisciplinary teams (including parents, health professionals, and school staff) to guide return to sports and academics. This may involve cognitive rest, modified assignments, and evaluations for disability services under laws like the Individuals with Disabilities Education Act (IDEA, which provides special education) or Section 504 of the Rehabilitation Act (which prohibits discrimination against people with disabilities).
- Promotion of best practices, like uniform safety standards and public information sharing.
- Posting Concussion Information: Public elementary and secondary schools must display and post online (based on evidence from sources like the Centers for Disease Control and Prevention) details on concussion risks, symptoms (e.g., headache, confusion, memory issues), response steps (e.g., notifying school staff), and optional topics like prevention and academic impacts.
- Immediate Response to Suspected Concussions: A designated school staff member (at least one present at every school-sponsored activity) must:
- Remove the student from participation immediately.
- Bar return to activities that day and until cleared by a written release from a qualified health care professional (trained in pediatric concussions and licensed by the state).
- Report injury details and actions to parents or guardians, regardless of where or how the concussion occurred.
- Return to Activities Protocols:
- Athletics: Requires a health professional's written clearance, possibly with a phased recovery plan involving rest and gradual increases in activity to avoid symptom worsening.
- Academics: School concussion teams must recommend supports like rest periods, adjusted assignments, and gradual reintroduction to learning.
- Enforcement for Noncompliance: The Secretary of Education must notify states and Congress before reducing ESEA funds—by 5% in the first year of failure, and 10% in subsequent years.
- Definitions: Key terms include "concussion" (a mild brain injury from head/body impact causing symptoms like confusion or headache, with or without unconsciousness); "health care professional" (state-licensed expert in pediatric brain injuries); and "school-sponsored athletic activity" (broadly covering PE classes, sports teams, recess, etc.).
- Rule of Construction: The law does not change existing federal or state rules on civil (e.g., lawsuits) or criminal liability related to concussions.
Significant Changes to Existing Law
This bill introduces federal incentives (via funding conditions) for states to adopt uniform concussion protocols, which were previously handled variably at the state or local level. It expands beyond sports-specific rules by covering all concussions (even non-school-related) and integrating academic recovery with existing disability laws like IDEA and Section 504, potentially creating new mandates for schools without directly amending those laws.
Potential Impacts
- Government Agencies: The Department of Education gains enforcement duties through funding reductions, increasing administrative workload for monitoring state compliance. States and school districts may face higher costs for training, plans, and staff designations.
- Citizens: Students, especially athletes, benefit from standardized protections, earlier interventions, and better recovery supports, potentially reducing long-term health risks like repeated brain injuries. Parents gain clearer reporting and involvement rights. Schools may see improved safety but added operational burdens, such as hiring or training staff.
- International Relations: No direct impacts, as the bill focuses on domestic education and public health.
Main Stakeholders Affected
- Students and Parents: Primary beneficiaries through enhanced safety, education, and recovery options; parents must be notified and involved in plans.
- Schools and Educators: LEAs, teachers, coaches, nurses, and administrators must implement plans, provide training, and manage responses, affecting daily operations.
- States and Local Governments: Responsible for enacting laws/regulations; noncompliance risks federal funding cuts.
- Health Care Professionals: Involved in clearances and team consultations, with defined qualifications to ensure expertise in youth brain injuries.
- Federal Government: Department of Education oversees enforcement.
Notable Legal, Constitutional, or Political Implications
- Federalism Concerns: By conditioning ESEA funds on state actions, the bill uses "strings attached" to federal money—a common but sometimes debated tool that could face legal challenges if seen as overreaching into state education authority (under the 10th Amendment, which reserves powers to states).
- Liability Neutrality: Explicitly preserves existing lawsuit rights, avoiding new federal tort (civil wrong) claims but potentially encouraging more state-level litigation over implementation failures.
- Public Health and Equity: Promotes evidence-based standards, aligning with broader efforts to address youth sports injuries; politically, it could build bipartisan support for child safety but spark debates on federal vs. local control and funding burdens on under-resourced schools. No direct constitutional conflicts noted, as it builds on established education funding mechanisms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. DeSaulnier, Mark [D-CA-10]
Cosponsors (5)
Rep. Stauber, Pete [R-MN-8], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Bishop, Sanford D. [D-GA-2], Rep. Bacon, Don [R-NE-2], Rep. Wilson, Frederica S. [D-FL-24]
Recent Actions
- 2026-02-17: Referred to the House Committee on Education and Workforce.
- 2026-02-17: Introduced in House
- 2026-02-17: Introduced in House
Bill Versions
- Protecting Student Athletes from Concussions Act — issued 2026-02-17 — PDF (12 pages)