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A BILL TO BE ENTITLED
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AN ACT
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relating to certain policies and procedures related to concussions |
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or other brain injuries sustained by public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0051 to read as follows: |
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Sec. 38.0051. ACADEMIC ACCOMMODATIONS FOR STUDENT WITH |
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CONCUSSION OR OTHER BRAIN INJURY. (a) The agency shall develop a |
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list of nonmedical academic accommodations a school district may |
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offer to a student diagnosed with a concussion or other brain |
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injury. |
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(b) The agency shall: |
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(1) develop a form for use by school districts |
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describing the accommodations a district may offer under this |
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section; and |
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(2) make the form developed under Subdivision (1) |
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available on the agency's Internet website for use by school |
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districts, district educators or administrators, students, and |
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parents or guardians. |
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(c) A school district that provides accommodations under |
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this section must make the form developed under Subsection (b) |
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available to: |
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(1) a district employee as soon as practicable after |
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receiving: |
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(A) notice that a student enrolled in the |
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district has been diagnosed with a concussion or other brain |
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injury; or |
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(B) a request from the employee; and |
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(2) a student enrolled in the district or the student's |
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parent or guardian as soon as practicable after receiving: |
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(A) notice that the student has been diagnosed |
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with a concussion or other brain injury; or |
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(B) a request from the student or parent or |
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guardian. |
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(d) This section may not be construed to require a school |
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district to provide any accommodations under this section. |
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SECTION 2. Chapter 38, Education Code, is amended by adding |
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Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. TREATMENT OF CONCUSSIONS AFFECTING STUDENTS OTHER |
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THAN STUDENT ATHLETES |
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Sec. 38.171. DEFINITION. In this subchapter, "concussion" |
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has the meaning assigned by Section 38.151. |
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Sec. 38.172. APPLICABILITY. This subchapter does not apply |
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to a concussion believed to have been sustained by a student while |
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participating in an interscholastic athletic activity described by |
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Section 38.152. |
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Sec. 38.173. CONCUSSION RESPONSE POLICY. (a) A school |
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district shall adopt and implement a policy regarding how to |
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respond to a concussion believed to have been sustained by a student |
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while on school property or participating in a school-sponsored or |
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school-related activity on or off school property. |
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(b) The policy adopted under Subsection (a) must provide |
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for: |
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(1) the immediate removal of a student from a |
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school-sponsored or school-related activity if a school district |
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employee or volunteer believes the student might have sustained a |
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concussion; |
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(2) notice to the student's parent or guardian or |
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another person with legal authority to make medical decisions for |
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the student of the student's suspected concussion and removal under |
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Subdivision (1); and |
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(3) the student's return to a school-sponsored or |
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school-related activity only after the requirements under Section |
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38.157(a) have been satisfied. |
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SECTION 3. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 4. 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, 2025. |