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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain schoolchildren be screened |
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for abnormal spinal curvature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (c), Section 37.001, Health |
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and Safety Code, are amended to read as follows: |
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(b) The board, in cooperation with the Texas Education |
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Agency, shall adopt rules requiring each public school to choose |
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either to participate in the [for the mandatory] spinal screening |
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program for [of] children in grades 6 and 9 attending the public [or
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private] school or to provide information developed by the |
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department on abnormal spinal curvature to the parents, managing |
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conservators, or guardians of children in grades 6 through 9 |
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attending the public school [schools]. The department shall |
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coordinate the spinal screening program with any other screening |
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program conducted by the department on those children. |
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(c) The board shall adopt substantive and procedural rules |
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necessary to administer screening activities and for the |
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development and provision of information on abnormal spinal |
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curvature. |
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SECTION 2. Section 37.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 37.002. [COMPLIANCE WITH] SCREENING REQUIREMENTS. |
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(a) If a public school requires an [Each] individual [required by
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board rule] to be screened, the individual shall undergo approved |
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screening for abnormal spinal curvature. The individual's parent, |
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managing conservator, or guardian may substitute professional |
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examinations for the screening. |
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(b) An individual is exempt from screening if screening |
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conflicts with the tenets and practices of a recognized church or |
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religious denomination of which the individual is an adherent or a |
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member. To qualify for the exemption, the individual's parent, |
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managing conservator, or guardian must submit to the chief |
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administrator on or before the day of the screening procedure an |
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affidavit stating the objections to screening. The chief |
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administrator must make the information on abnormal spinal |
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curvature developed under Section 37.001 available to the exempted |
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individual's parent, managing conservator, or guardian. |
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(c) If screening is required, the [The] chief administrator |
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of each school shall ensure that each individual admitted to the |
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school complies with the screening requirements set by the board or |
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submits an affidavit of exemption. |
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SECTION 3. Not later than March 1, 2014, the Department of |
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State Health Services shall develop the information required by |
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Subsection (b), Section 37.001, Health and Safety Code, as amended |
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by this Act. |
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SECTION 4. This Act applies beginning with the 2014-2015 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |