; 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. (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. 3. Rule of Construction Nothing in this Act shall be construed to affect civil or criminal liability under Federal or State law. 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