| 1 | 1 | | By: Campbell, Creighton S.B. No. 2398 |
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| 2 | 2 | | (In the Senate - Filed March 12, 2025; March 25, 2025, read |
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| 3 | 3 | | first time and referred to Committee on Education K-16; |
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| 4 | 4 | | April 22, 2025, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 11, Nays 0; April 22, 2025, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 2398 By: Hinojosa of Nueces |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | A BILL TO BE ENTITLED |
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| 14 | 14 | | AN ACT |
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| 15 | 15 | | relating to certain policies and procedures related to concussions |
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| 16 | 16 | | or other brain injuries sustained by public school students. |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 18 | 18 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 19 | 19 | | amended by adding Section 38.0051 to read as follows: |
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| 20 | 20 | | Sec. 38.0051. ACADEMIC ACCOMMODATIONS FOR STUDENT WITH |
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| 21 | 21 | | CONCUSSION OR OTHER BRAIN INJURY. (a) The agency shall develop a |
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| 22 | 22 | | list of nonmedical academic accommodations a school district may |
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| 23 | 23 | | offer to a student diagnosed with a concussion or other brain |
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| 24 | 24 | | injury. |
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| 25 | 25 | | (b) The agency shall: |
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| 26 | 26 | | (1) develop a form for use by school districts |
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| 27 | 27 | | describing the accommodations a district may offer under this |
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| 28 | 28 | | section; and |
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| 29 | 29 | | (2) make the form developed under Subdivision (1) |
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| 30 | 30 | | available on the agency's Internet website for use by school |
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| 31 | 31 | | districts, district educators or administrators, students, and |
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| 32 | 32 | | parents or guardians. |
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| 33 | 33 | | (c) A school district that provides accommodations under |
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| 34 | 34 | | this section must make the form developed under Subsection (b) |
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| 35 | 35 | | available to: |
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| 36 | 36 | | (1) a district employee as soon as practicable after |
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| 37 | 37 | | receiving: |
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| 38 | 38 | | (A) notice that a student enrolled in the |
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| 39 | 39 | | district has been diagnosed with a concussion or other brain |
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| 40 | 40 | | injury; or |
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| 41 | 41 | | (B) a request from the employee; and |
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| 42 | 42 | | (2) a student enrolled in the district or the student's |
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| 43 | 43 | | parent or guardian as soon as practicable after receiving: |
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| 44 | 44 | | (A) notice that the student has been diagnosed |
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| 45 | 45 | | with a concussion or other brain injury; or |
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| 46 | 46 | | (B) a request from the student or parent or |
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| 47 | 47 | | guardian. |
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| 48 | 48 | | (d) This section may not be construed to require a school |
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| 49 | 49 | | district to provide any accommodations under this section. |
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| 50 | 50 | | SECTION 2. Chapter 38, Education Code, is amended by adding |
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| 51 | 51 | | Subchapter D-1 to read as follows: |
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| 52 | 52 | | SUBCHAPTER D-1. TREATMENT OF CONCUSSIONS AFFECTING STUDENTS OTHER |
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| 53 | 53 | | THAN STUDENT ATHLETES |
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| 54 | 54 | | Sec. 38.171. DEFINITION. In this subchapter, "concussion" |
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| 55 | 55 | | has the meaning assigned by Section 38.151. |
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| 56 | 56 | | Sec. 38.172. APPLICABILITY. This subchapter does not apply |
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| 57 | 57 | | to a concussion believed to have been sustained by a student while |
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| 58 | 58 | | participating in an interscholastic athletic activity described by |
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| 59 | 59 | | Section 38.152. |
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| 60 | 60 | | Sec. 38.173. CONCUSSION RESPONSE POLICY. (a) A school |
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| 61 | 61 | | district shall adopt and implement a policy regarding how to |
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| 62 | 62 | | respond to a concussion believed to have been sustained by a student |
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| 63 | 63 | | while on school property or participating in a school-sponsored or |
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| 64 | 64 | | school-related activity on or off school property. |
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| 65 | 65 | | (b) The policy adopted under Subsection (a) must provide |
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| 66 | 66 | | for: |
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| 67 | 67 | | (1) the immediate removal of a student from a |
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| 68 | 68 | | school-sponsored or school-related activity if a school district |
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| 69 | 69 | | employee or volunteer believes the student might have sustained a |
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| 70 | 70 | | concussion; |
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| 71 | 71 | | (2) notice to the student's parent or guardian or |
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| 72 | 72 | | another person with legal authority to make medical decisions for |
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| 73 | 73 | | the student of the student's suspected concussion and removal under |
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| 74 | 74 | | Subdivision (1); and |
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| 75 | 75 | | (3) the student's return to a school-sponsored or |
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| 76 | 76 | | school-related activity only after the requirements under Section |
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| 77 | 77 | | 38.157(a) have been satisfied. |
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| 78 | 78 | | SECTION 3. This Act applies beginning with the 2025-2026 |
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| 79 | 79 | | school year. |
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| 80 | 80 | | SECTION 4. This Act takes effect immediately if it receives |
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| 81 | 81 | | a vote of two-thirds of all the members elected to each house, as |
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| 82 | 82 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 83 | 83 | | Act does not receive the vote necessary for immediate effect, this |
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| 84 | 84 | | Act takes effect September 1, 2025. |
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| 85 | 85 | | * * * * * |
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