SB2398 - Relating to certain policies and procedures related to concussions or other brain injuries sustained by public school students.

      S.B. No. 2398         AN ACT   relating to certain policies and procedures related to concussions   or other brain injuries sustained by public school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.0051 to read as follows:           Sec.   38.0051.     ACADEMIC ACCOMMODATIONS FOR STUDENT WITH   CONCUSSION OR OTHER BRAIN INJURY. (a) The agency shall develop a   list of nonmedical academic accommodations a school district may   offer to a student diagnosed with a concussion or other brain   injury.           (b)  The agency shall:                 (1)     develop a form for use by school districts   describing the accommodations a district may offer under this   section; and                 (2)     make the form developed under Subdivision (1)   available on the agency's Internet website for use by school   districts, district educators or administrators, students, and   parents or guardians.           (c)     A school district that provides accommodations under   this section must make the form developed under Subsection (b)   available to:                 (1)     a district employee as soon as practicable after   receiving:                       (A)     notice that a student enrolled in the   district has been diagnosed with a concussion or other brain   injury; or                       (B)  a request from the employee; and                 (2)     a student enrolled in the district or the student's   parent or guardian as soon as practicable after receiving:                       (A)     notice that the student has been diagnosed   with a concussion or other brain injury; or                       (B)     a request from the student or parent or   guardian.           (d)     This section may not be construed to require a school   district to provide any accommodations under this section.          SECTION 2.  Chapter 38, Education Code, is amended by adding   Subchapter D-1 to read as follows:   SUBCHAPTER D-1.   TREATMENT OF CONCUSSIONS AFFECTING STUDENTS OTHER   THAN STUDENT ATHLETES           Sec.   38.171.     DEFINITION. In this subchapter, "concussion"   has the meaning assigned by Section 38.151.           Sec.   38.172.     APPLICABILITY. This subchapter does not apply   to a concussion believed to have been sustained by a student while   participating in an interscholastic athletic activity described by   Section 38.152.           Sec.   38.173.     CONCUSSION RESPONSE POLICY. (a)   A school   district shall adopt and implement a policy regarding how to   respond to a concussion believed to have been sustained by a student   while on school property or participating in a school-sponsored or   school-related activity on or off school property.           (b)     The policy adopted under Subsection (a) must provide   for:                 (1)     the immediate removal of a student from a   school-sponsored or school-related activity if a school district   employee or volunteer believes the student might have sustained a   concussion;                 (2)     notice to the student's parent or guardian or   another person with legal authority to make medical decisions for   the student of the student's suspected concussion and removal under   Subdivision (1); and                 (3)     the student's return to a school-sponsored or   school-related activity only after the requirements under Section   38.157(a) have been satisfied.          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          SECTION 4.  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, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2398 passed the Senate on   May 1, 2025, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2398 passed the House on   May 28, 2025, by the following vote:  Yeas 135, Nays 6, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor