(A) All school
districts and schools must have policies and procedures governing the
prevention and management of sports-related head injuries within the school
district or school. The School Committee or Board of Trustees, consulting with
the Board of Health where appropriate, shall adopt policies and procedures
governing the prevention and management of sports-related head injuries within
the school district or school following development of a proposal by a team
consisting, at a minimum, of a school administrator, school nurse, school or
team physician if on staff, athletic director, licensed athletic trainer if on
staff, neuropsychologist if available, guidance counselor, and teacher in
consultation with any existing school health/wellness advisory committee.
Policies and procedures must address sports-related head injuries occurring in
extracurricular athletic activities but may be applied to all head injuries in
students. Review and revision of such policies and procedures shall occur as
needed but at least every two years. At a minimum, these policies shall
include:
(1) Designation, by the
superintendent or head master, principal or school leader, of the person
responsible for the implementation of these policies and protocols, either the
Athletic Director or other school personnel with administrative
authority;
(2) Annual training of
persons specified in
105 CMR 201.007
in the prevention and recognition of a sports-related-head injury, and
associated health risks including second impact syndrome utilizing
Department-approved training materials or program, and documentation of each
person's completion of such training;
(3) Documentation of physical examination
prior to a student's participation in extracurricular athletic activities on an
annual basis, consistent with
105
CMR 200.100(B)(3) and
information for students participating in multiple sports seasons that
documentation of one physical examination each year is sufficient;
(4) Procedure for the school to obtain and
ensure review, prior to each sports season, of current information regarding an
athlete's history of head injuries and concussions using either the Department
Pre-participation Head Injury/Concussion Reporting Form For Extracurricular
Activities (Pre-participation Form), or school-based equivalent;
(5) Procedure for medical or nursing review
of all Pre-participation Forms indicating a history of head injury;
(6) Procedure for the school to obtain and
ensure timely medical or nursing review of a Department Report of a Head Injury
During Sports Season Form (Report of Head Injury Form), or school-based
equivalent, in the event of a head injury or suspected concussion that takes
place during the extracurricular activity season;
(7) Procedure for reporting head injuries or
suspected concussions sustained during extracurricular athletic activities to
the school nurse and licensed athletic trainer, if on staff;
(8) Procedure for identifying a head injury
or suspected concussion, removing an athlete from practice or competition, and
referring for medical evaluation;
(9) The protocol for medical clearance for
return to play after a concussion that at minimum complies with
105 CMR
201.011;
(10) Procedure for the development and
implementation of post-concussion graduated reentry plans to school and
academic activities, if indicated, by persons specified in
105 CMR
201.010(E)(1);
(11) Procedure for providing information, and
necessary forms and materials, to all parents and athletes including the:
(a) annual training requirement,
(b) procedure for the school to notify
parents when an athlete has been removed from play for a head injury or
suspected concussion sustained during an extracurricular athletic
activity,
(c) protocol for
obtaining medical clearance for return to play and academics after a diagnosed
concussion,
(d) parent's
responsibility for completion of the Pre-participation Form, or school-based
equivalent, and
(e) parent's
responsibility for completion of the Report of a Head Injury Form, or
school-based equivalent;
(12) Inclusion in the student and parent
handbooks of information regarding the sports-related head injury policy and
how to obtain the policy;
(13)
Procedure for communicating with parents with limited English
proficiency;
(14) Procedure for
outreach to parents who do not return completed forms required for students to
participate in extracurricular sports and for how to handle situations where a
student verifies completion of the annual training requirement but a parent has
not;
(15) Procedure for sharing
information concerning an athlete's history of head injury and concussion,
recuperation, reentry plan, and authorization to return to play and academic
activities on a need to know basis consistent with requirements of
105 CMR 201.000 and
applicable federal and state law including but not limited to the Massachusetts
Student Records Regulations,
603 CMR
23.00, and the Federal Family Educational Rights and
Privacy Act Regulations, 34 CFR Part 99.
(16) Instructions to coaches, licensed
athletic trainers, trainers and volunteers:
(a) to teach form, techniques, and skills and
promote protective equipment use to minimize sports-related head injury;
and
(b) to prohibit athletes from
engaging in any unreasonably dangerous athletic technique that endangers the
health or safety of an athlete, such as using a helmet or any other sports
equipment as a weapon;
(17) Penalties, including but not limited to
personnel sanctions and forfeiture of games, for failure to comply with
provisions of the school district's or school's policy.
(B) These policies and procedures shall be
made available to the Department and to the Department of Elementary and
Secondary Education upon request.
(C) The school or school district shall
provide the Department with an affirmation, on school or school district
letterhead, that it has developed policies in accordance with
105 CMR 201.000 and it
shall provide an updated affirmation biannually by September
30th every odd numbered year upon review or revision
of its policies.