| 1 | 1 | | 86R4081 JES-D |
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| 2 | 2 | | By: Lucio III H.B. No. 1690 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring school districts, open-enrollment charter |
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| 8 | 8 | | schools, and private schools to adopt and implement policies and |
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| 9 | 9 | | procedures relating to the care of students diagnosed with |
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| 10 | 10 | | concussions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 13 | 13 | | amended by adding Sections 38.034 and 38.035 to read as follows: |
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| 14 | 14 | | Sec. 38.034. RETURN-TO-LEARN POLICIES AND PROCEDURES FOR |
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| 15 | 15 | | STUDENTS DIAGNOSED WITH CONCUSSIONS. (a) Each school district, |
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| 16 | 16 | | open-enrollment charter school, and private school shall adopt and |
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| 17 | 17 | | implement policies and procedures regarding a student's return to |
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| 18 | 18 | | school activities following a concussion diagnosis. |
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| 19 | 19 | | (b) The policies and procedures adopted under Subsection |
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| 20 | 20 | | (a) must: |
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| 21 | 21 | | (1) address the academic needs of a student who has |
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| 22 | 22 | | been diagnosed with a concussion; |
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| 23 | 23 | | (2) establish a return-to-learn protocol, based on |
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| 24 | 24 | | peer-reviewed scientific evidence, for a student's return to |
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| 25 | 25 | | academic course work and activities following a concussion |
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| 26 | 26 | | diagnosis; and |
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| 27 | 27 | | (3) except as provided by Subsection (c), require a |
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| 28 | 28 | | student who has been diagnosed with a concussion to resume all |
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| 29 | 29 | | academic activities without any restrictions or modifications |
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| 30 | 30 | | before: |
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| 31 | 31 | | (A) initiating the return-to-play protocol |
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| 32 | 32 | | established under Section 38.153; or |
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| 33 | 33 | | (B) participating in any physical activity at |
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| 34 | 34 | | school. |
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| 35 | 35 | | (c) A student diagnosed with a concussion must have resumed |
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| 36 | 36 | | all academic activity before: |
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| 37 | 37 | | (1) the return-to-play protocol established under |
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| 38 | 38 | | Section 38.153 is initiated; and |
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| 39 | 39 | | (2) the student may participate in physical activity |
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| 40 | 40 | | at the school. |
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| 41 | 41 | | (d) Each school district, open-enrollment charter school, |
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| 42 | 42 | | and private school shall assign at least one person at each school |
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| 43 | 43 | | campus to oversee compliance with the return-to-learn protocol |
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| 44 | 44 | | established under Subsection (b)(2). |
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| 45 | 45 | | Sec. 38.035. TRAINING AND EDUCATIONAL MATERIALS REGARDING |
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| 46 | 46 | | CONCUSSIONS. (a) Each school district, open-enrollment charter |
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| 47 | 47 | | school, and private school shall adopt a policy requiring each |
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| 48 | 48 | | district or school employee or volunteer who has direct contact |
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| 49 | 49 | | with students to complete not less than two hours of training at |
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| 50 | 50 | | least once every two years regarding concussions. |
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| 51 | 51 | | (b) The training required under Subsection (a) must be |
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| 52 | 52 | | approved by the agency and include information regarding: |
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| 53 | 53 | | (1) how to recognize the signs and symptoms of a |
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| 54 | 54 | | concussion; |
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| 55 | 55 | | (2) the effects of a concussion on a student's academic |
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| 56 | 56 | | abilities; |
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| 57 | 57 | | (3) the importance of communication between a parent |
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| 58 | 58 | | or guardian and educators and health care providers to enable a |
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| 59 | 59 | | student diagnosed with a concussion to successfully resume all |
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| 60 | 60 | | academic activities, including establishing and enforcing academic |
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| 61 | 61 | | restrictions or modifications as needed; and |
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| 62 | 62 | | (4) the development and management of a plan for the |
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| 63 | 63 | | care of a student diagnosed with a concussion as the student resumes |
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| 64 | 64 | | academic activities, including information on: |
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| 65 | 65 | | (A) modifications to learning environments that |
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| 66 | 66 | | may assist a student recovering from a concussion; and |
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| 67 | 67 | | (B) strategies for educators to assist a student |
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| 68 | 68 | | recovering from a concussion to remain current with course work |
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| 69 | 69 | | during the student's recovery. |
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| 70 | 70 | | (c) Each school district, open-enrollment charter school, |
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| 71 | 71 | | and private school may make materials detailing the signs and |
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| 72 | 72 | | symptoms of and course of recovery and treatment for concussions |
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| 73 | 73 | | available to employees, students, and parents or guardians of |
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| 74 | 74 | | students. The materials may be provided in English and Spanish and |
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| 75 | 75 | | in electronic or written form. |
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| 76 | 76 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 77 | 77 | | school year. |
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| 78 | 78 | | SECTION 3. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2019. |
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