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.