Do parental rights trump concussion protocols in academics? For some Kansas senators, yes.

Current Kansas law on concussions only applies for student athletes returning to their activity. A bill to require schools implement a protocol for returning to the classroom has stalled in the Legislature.
Current Kansas law on concussions only applies for student athletes returning to their activity. A bill to require schools implement a protocol for returning to the classroom has stalled in the Legislature.
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Legislation designed to protect schoolchildren with concussions was effectively blocked by a handful of Republican lawmakers who argued that it would violate parental rights.

"I don't want to co-parent with government," said Sen. Kellie Warren, R-Leawood.

Kansas already has a law requiring student athletes suspected of suffering a concussion to be held out of the activity until receiving written clearance from a physician. But the law doesn't apply to returning to academic activities.

"What a student needs is the medical clearance to play, but that doesn't address what's going on in the classroom," said Sen. Molly Baumgardner, R-Louisburg.

The bill, SB 82, would build on that law by requiring schools to create concussion management teams and develop both return-to-play and return-to-learn protocol to help students safely and responsibly return to activities and academics.

The Senate had been scheduled to take up the bill late last month ahead of the deadline for most bills to pass the chamber of origin. But GOP leadership decided to skip SB 82 after a handful of senators raised concerns in a Senate Republican caucus meeting.

Baumgardner had been tasked with ushering the bill through the chamber.

"If you haven't had a child or you personally haven't had a concussion, there can be lots of impact," she said. "It's not just around the sports athletic playing field, it can impact your equilibrium, it can impact your fine motor skills, your thought process, things like that. And so this is for schools to establish a return-to-learn protocol for any student that has sustained a concussion."

More:Bill would protect classroom recovery for hundreds of concussed Kansas student athletes

Warren argued that government doesn't need to be involved.

"I just think this is more government involved in a parent health care decision," she said. "I'm perfectly capable of consulting with my doctor and with the coaches in determining whether my child can return to the classroom. If their decision is wrong, they have taken my kid out of the classroom and they're behind in their learning then and they have to make up tests."

Baumgardner said a physician won't necessarily look at aspects like what additional help the student may need in the classroom.

"Can't I as a parent determine whether my kid can go back to school?" Warren replied. "Why are we letting the state have a say over whether my kid can return to the classroom? I think that's too much government overreach. I would be concerned if somebody tried to stop my kid from going back to class if I as the parent in my judgment think it's the right thing to do."

Sen. Mark Steffen, R-Hutchinson, also voiced concerns.

"It is a bureaucratic-laden bill, no question about it," he said. "I talked to a couple of coaches about whether there was a need for that. Sounds like we've got programs in place that are covering these situations, and I'm failing to see the increased need for this."

Baumgardner said the supporters of the bill identified the need as accommodations for students returning to class.

"That medically just makes no sense," said Steffen, an anesthesiologist. "If they're ready to compete, they're ready to go to school."

Baumgardner said a lobbyist for athletic trainers had put a lot of pressure on lawmakers to hear the bill in committee. She apologized "to anyone that was accosted" by the lobbyist and said she told leadership that if they didn't put it up for debate in the full chamber, "It wouldn't be the end of the world."

"If it is the wish of this body that we pass over it, then it's the wish of this body," she said.

The Senate ultimately passed over the bill, but it retains a place on the calendar.

This article originally appeared on Topeka Capital-Journal: Kansas school concussion bill skipped, GOP points to parents rights