86R4081 JES-D

By: Lucio III H.B. No. 1690

A BILL TO BE ENTITLED

AN ACT

relating to requiring school districts, open-enrollment charter schools, and private schools to adopt and implement policies and procedures relating to the care of students diagnosed with concussions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Sections 38.034 and 38.035 to read as follows:

Sec. 38.034. RETURN-TO-LEARN POLICIES AND PROCEDURES FOR STUDENTS DIAGNOSED WITH CONCUSSIONS. (a) Each school district, open-enrollment charter school, and private school shall adopt and implement policies and procedures regarding a student's return to school activities following a concussion diagnosis.

(b) The policies and procedures adopted under Subsection (a) must:

(1) address the academic needs of a student who has been diagnosed with a concussion;

(2) establish a return-to-learn protocol, based on peer-reviewed scientific evidence, for a student's return to academic course work and activities following a concussion diagnosis; and

(3) except as provided by Subsection (c), require a student who has been diagnosed with a concussion to resume all academic activities without any restrictions or modifications before:

(A) initiating the return-to-play protocol established under Section 38.153; or

(B) participating in any physical activity at school.

(c) A student diagnosed with a concussion must have resumed all academic activity before:

(1) the return-to-play protocol established under Section 38.153 is initiated; and

(2) the student may participate in physical activity at the school.

(d) Each school district, open-enrollment charter school, and private school shall assign at least one person at each school campus to oversee compliance with the return-to-learn protocol established under Subsection (b)(2).

Sec. 38.035. TRAINING AND EDUCATIONAL MATERIALS REGARDING CONCUSSIONS. (a) Each school district, open-enrollment charter school, and private school shall adopt a policy requiring each district or school employee or volunteer who has direct contact with students to complete not less than two hours of training at least once every two years regarding concussions.

(b) The training required under Subsection (a) must be approved by the agency and include information regarding:

(1) how to recognize the signs and symptoms of a concussion;

(2) the effects of a concussion on a student's academic abilities;

(3) the importance of communication between a parent or guardian and educators and health care providers to enable a student diagnosed with a concussion to successfully resume all academic activities, including establishing and enforcing academic restrictions or modifications as needed; and

(4) the development and management of a plan for the care of a student diagnosed with a concussion as the student resumes academic activities, including information on:

(A) modifications to learning environments that may assist a student recovering from a concussion; and

(B) strategies for educators to assist a student recovering from a concussion to remain current with course work during the student's recovery.

(c) Each school district, open-enrollment charter school, and private school may make materials detailing the signs and symptoms of and course of recovery and treatment for concussions available to employees, students, and parents or guardians of students. The materials may be provided in English and Spanish and in electronic or written form.

SECTION 2. This Act applies beginning with the 2019-2020 school year.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.