Texas Education Code Title 2, Chapter 38 - Health And Safety

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 38.001 - Immunization; Requirements; Exceptions
  (a) Each student shall be fully immunized against diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis, except as provided by Subsection (c). Text of subsection as...
• Texas Section 38.002 - Immunization Records; Reporting
  (a) Each public school shall keep an individual immunization record during the period of attendance for each student admitted. The records shall be open for...
• Texas Section 38.0025 - Dissemination Of Bacterial Meningitis Information
  (a) The agency shall prescribe procedures by which each school district shall provide information relating to bacterial meningitis to its students and their parents each...
• Texas Section 38.003 - Screening And Treatment For Dyslexia And Related Disorders
  (a) Students enrolling in public schools in this state shall be tested for dyslexia and related disorders at appropriate times in accordance with a program...
• Texas Section 38.0031 - Classroom Technology Plan For Students With Dyslexia
  (a) The agency shall establish a committee to develop a plan for integrating technology into the classroom to help accommodate students with dyslexia. The plan...
• Texas Section 38.004 - Child Abuse Reporting And Programs
  (a) The agency shall develop a policy governing the reports of child abuse or neglect, including reports related to the trafficking of a child under...
• Texas Section 38.0041 - Policies Addressing Sexual Abuse And Other Maltreatment Of Children
  (a) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse and other maltreatment of children, to be included...
• Texas Section 38.0042 - Posting Child Abuse Hotline Telephone Number
  (a) Each public school and open-enrollment charter school shall post in a clearly visible location in a public area of the school that is readily...
• Texas Section 38.005 - Protective Eye Devices In Public Schools
  Each teacher and student must wear industrial-quality eye-protective devices in appropriate situations as determined by school district policy. Added by Acts 1995, 74th Leg., ch....
• Texas Section 38.006 - E-cigarettes And Tobacco Products On School Property
  (a) In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code. (b) The board of trustees of a school district...
• Texas Section 38.007 - Alcohol-free School Zones
  (a) The board of trustees of a school district shall prohibit the use of alcoholic beverages at a school-related or school-sanctioned activity on or off...
• Texas Section 38.008 - Posting Of Steroid Law Notice
  Each school in a school district in which there is a grade level of seven or higher shall post in a conspicuous location in the...
• Texas Section 38.0081 - Information About Steroids
  (a) The agency, in conjunction with the Department of State Health Services, shall: (1) develop information about the use of anabolic steroids and the health...
• Texas Section 38.009 - Access To Medical Records
  (a) A school administrator, nurse, or teacher is entitled to access to a student's medical records maintained by the school district for reasons determined by...
• Texas Section 38.0095 - Parental Access To Medical Records
  (a) A parent or guardian of a student is entitled to access to the student's medical records maintained by a school district. (b) On request...
• Texas Section 38.010 - Outside Counselors
  (a) A school district or school district employee may not refer a student to an outside counselor for care or treatment of a chemical dependency...
• Texas Section 38.011 - Dietary Supplements
  (a) A school district employee may not: (1) knowingly sell, market, or distribute a dietary supplement that contains performance enhancing compounds to a primary or...
• Texas Section 38.012 - Notice Concerning Health Care Services
  (a) Before a school district or school may expand or change the health care services available at a school in the district from those that...
• Texas Section 38.013 - Coordinated Health Program For Elementary, Middle, And Junior High School Students
  (a) The agency shall make available to each school district one or more coordinated health programs designed to prevent obesity, cardiovascular disease, oral diseases, and...
• Texas Section 38.014 - Implementation Of Coordinated Health Program For Elementary, Middle, And Junior High School Students
  (a) Each school district shall: (1) participate in appropriate training for the implementation of the program approved by the agency under Section 38.013; and (2)...
• Texas Section 38.0141 - Reporting Of Certain Health And Safety Information Required
  Each school district shall provide to the agency information as required by the commissioner, including statistics and data, relating to student health and physical activity...
• Texas Section 38.015 - Self-administration Of Prescription Asthma Or Anaphylaxis Medicine By Students
  (a) In this section: (1) "Parent" includes a person standing in parental relation. (2) "Self-administration of prescription asthma or anaphylaxis medicine" means a student's discretionary...
• Texas Section 38.0151 - Policies For Care Of Certain Students At Risk For Anaphylaxis
  (a) The board of trustees of each school district and the governing body or an appropriate officer of each open-enrollment charter school shall adopt and...
• Texas Section 38.016 - Psychotropic Drugs And Psychiatric Evaluations Or Examinations
  (a) In this section: (1) "Parent" includes a guardian or other person standing in parental relation. (2) "Psychotropic drug" means a substance that is: (A)...
• Texas Section 38.017 - Availability Of Automated External Defibrillator
  (a) Each school district shall make available at each campus in the district at least one automated external defibrillator, as defined by Section 779.001, Health...
• Texas Section 38.018 - Procedures Regarding Response To Cardiac Arrest
  (a) Each school district and private school shall develop safety procedures for a district or school employee or student to follow in responding to a...
• Texas Section 38.0181 - Cardiovascular Screening Pilot Program
  (a) In this section, "pilot program" means the cardiovascular screening pilot program. (b) The commissioner shall establish a pilot program under which sixth grade students...
• Texas Section 38.019 - Immunization Awareness Program
  (a) A school district that maintains an Internet website shall post prominently on the website: (1) a list, in English and Spanish, of: (A) the...
• Texas Section 38.021 - Use Of Sunscreen Products
  (a) A student may possess and use a topical sunscreen product while on school property or at a school-related event or activity to avoid overexposure...
• Texas Section 38.022 - School Visitors
  (a) A school district may require a person who enters a district campus to display the person's driver's license or another form of identification containing...
• Texas Section 38.023 - List Of Resources Concerning Internet Safety
  The agency shall develop and make available to school districts a list of resources concerning Internet safety, including a list of organizations and Internet websites...
• Texas Section 38.024 - Insurance Against Student Injuries
  (a) In compliance with this section, the board of trustees of a school district may obtain insurance against bodily injuries sustained by students while training...

SUBCHAPTER B SCHOOL-BASED HEALTH CENTERS

• Texas Section 38.026 - Grant Program For Best Practices In Nutrition Education
  (a) The Department of Agriculture shall develop a program under which the department awards grants to public school campuses for best practices in nutrition education....
• Texas Section 38.051 - Establishment Of School-based Health Centers
  (a) A school district in this state may, if the district identifies the need, design a model in accordance with this subchapter for the delivery...
• Texas Section 38.052 - Contract For Services
  A district may contract with a person to provide services at a school-based health center. Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1,...
• Texas Section 38.053 - Parental Consent Required
  (a) A school-based health center may provide services to a student only if the district or the provider with whom the district contracts obtains the...
• Texas Section 38.054 - Categories Of Services
  The permissible categories of services are: (1) family and home support; (2) health care, including immunizations; (3) dental health care; (4) health education; and (5)...
• Texas Section 38.055 - Use Of Grant Funds For Reproductive Services Prohibited
  Reproductive services, counseling, or referrals may not be provided through a school-based health center using grant funds awarded under this subchapter. Added by Acts 1999,...
• Texas Section 38.056 - Provision Of Certain Services By Licensed Health Care Provider Required
  Any service provided using grant funds awarded under this subchapter must be provided by an appropriate professional who is properly licensed, certified, or otherwise authorized...
• Texas Section 38.057 - Identification Of Health-related Concerns
  (a) The staff of a school-based health center and the person whose consent is obtained under Section 38.053 shall jointly identify any health-related concerns of...
• Texas Section 38.058 - Health Education And Health Care Advisory Council
  (a) The board of trustees of a school district may establish and appoint members to a local health education and health care advisory council to...
• Texas Section 38.059 - Assistance Of Public Health Agency
  (a) A school district may seek assistance in establishing and operating a school-based health center from any public health agency in the community. On request,...
• Texas Section 38.060 - Coordination With Existing Providers In Certain Areas
  (a) This section applies only to a school-based health center serving an area that: (1) is located in a county with a population not greater...
• Texas Section 38.061 - Communication With Primary Care Physician
  (a) If a person receiving a medical service from a school-based health center has a primary care physician, the staff of the center shall provide...
• Texas Section 38.062 - Funding For Provision Of Services
  A school district or the provider with whom the district contracts shall seek all available sources of funding to compensate the district or provider for...
• Texas Section 38.063 - Grants
  (a) Subject to the availability of federal or state appropriated funds, the commissioner of state health services shall administer a program under which grants are...

SUBCHAPTER C PHYSICAL FITNESS ASSESSMENT

• Texas Section 38.064 - Report To Legislature
  (a) Based on statistics obtained from every school-based health center in this state that receives funding through the Department of State Health Services, the Department...
• Texas Section 38.101 - Assessment Required
  (a) Except as provided by Subsection (b), a school district annually shall assess the physical fitness of students enrolled in grade three or higher in...
• Texas Section 38.102 - Adoption Of Assessment Instrument
  (a) The commissioner by rule shall adopt an assessment instrument to be used by a school district in assessing student physical fitness under this subchapter....
• Texas Section 38.103 - Reporting Of Physical Fitness Results
  (a) A school district shall provide the results of individual student performance on the physical fitness assessment required by this subchapter to the agency. The...
• Texas Section 38.104 - Analysis Of Results
  (a) The agency shall analyze the results received by the agency under this subchapter and identify, for each school district, any correlation between the results...
• Texas Section 38.105 - Donations
  The agency and each school district may accept donations made to facilitate implementation of this subchapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1377...

SUBCHAPTER D PREVENTION, TREATMENT, AND OVERSIGHT OF CONCUSSIONS AFFECTING STUDENT ATHLETES

• Texas Section 38.106 - Rules
  The commissioner shall adopt rules necessary to implement this subchapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June...
• Texas Section 38.151 - Definitions
  In this subchapter: (1) "Advanced practice nurse" has the meaning assigned by Section 301.152, Occupations Code. (2) "Athletic trainer" has the meaning assigned by Section...
• Texas Section 38.152 - Applicability
  This subchapter applies to an interscholastic athletic activity, including practice and competition, sponsored or sanctioned by: (1) a school district, including a home-rule school district,...
• Texas Section 38.153 - Oversight Of Concussions By School Districts And Charter Schools; Return-to-play Protocol Development By Concussion Oversight Team
  (a) The governing body of each school district and open-enrollment charter school with students enrolled who participate in an interscholastic athletic activity shall appoint or...
• Texas Section 38.154 - Concussion Oversight Team: Membership
  (a) Each concussion oversight team must include at least one physician and, to the greatest extent practicable, considering factors including the population of the metropolitan...
• Texas Section 38.155 - Required Annual Form Acknowledging Concussion Information
  A student may not participate in an interscholastic athletic activity for a school year until both the student and the student's parent or guardian or...
• Texas Section 38.156 - Removal From Play In Practice Or Competition Following Concussion
  A student shall be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained...
• Texas Section 38.157 - Return To Play In Practice Or Competition
  (a) A student removed from an interscholastic athletics practice or competition under Section 38.156 may not be permitted to practice or compete again following the...
• Texas Section 38.158 - Training Courses
  (a) The University Interscholastic League shall approve for coaches of interscholastic athletic activities training courses that provide for not less than two hours of training...
• Texas Section 38.159 - Immunity
  This subchapter does not: (1) waive any immunity from liability of a school district or open-enrollment charter school or of district or charter school officers...

SUBCHAPTER E MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF EPINEPHRINE AUTO-INJECTORS

• Texas Section 38.160 - Rules
  The commissioner may adopt rules as necessary to administer this subchapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff....
• Texas Section 38.201 - Definitions
  In this subchapter: (1) "Advisory committee" means the committee established under Section 38.202. (2) "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that...
• Texas Section 38.202 - Advisory Committee: Establishment And Composition
  (a) The commissioner of state health services shall establish an advisory committee to examine and review the administration of epinephrine auto-injectors to a person experiencing...
• Texas Section 38.203 - Advisory Committee: Presiding Officer
  The advisory committee shall elect a presiding officer. Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.
• Texas Section 38.204 - Advisory Committee: Compensation And Expenses
  Members of the advisory committee serve without compensation but are entitled to reimbursement for travel expenses. Added by Acts 2015, 84th Leg., R.S., Ch. 180...
• Texas Section 38.205 - Advisory Committee: Applicability Of Other Law
  Chapter 2110, Government Code, does not apply to the advisory committee. Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff....
• Texas Section 38.206 - Advisory Committee: Open Meetings
  Meetings of the advisory committee are subject to Chapter 551, Government Code. Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2,...
• Texas Section 38.207 - Advisory Committee: Duties
  The advisory committee shall advise the commissioner of state health services on: (1) the storage and maintenance of epinephrine auto-injectors on school campuses; (2) the...
• Texas Section 38.208 - Maintenance And Administration Of Epinephrine Auto-injectors
  (a) Each school district and open-enrollment charter school may adopt and implement a policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors at each...
• Texas Section 38.209 - Report On Administering Epinephrine Auto-injector
  (a) Not later than the 10th business day after the date a school personnel member or school volunteer administers an epinephrine auto-injector in accordance with...
• Texas Section 38.210 - Training
  (a) Each school district and open-enrollment charter school that adopts a policy under Section 38.208(a) is responsible for training school personnel and school volunteers in...
• Texas Section 38.211 - Prescription Of Epinephrine Auto-injectors
  (a) A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors in the name of a...
• Texas Section 38.212 - Notice To Parents
  If a school district or open-enrollment charter school implements a policy under this subchapter for the maintenance, administration, and disposal of epinephrine auto-injectors, the district...
• Texas Section 38.213 - Gifts, Grants, And Donations
  A school district or open-enrollment charter school may accept gifts, grants, donations, and federal and local funds to implement this subchapter. Added by Acts 2015,...
• Texas Section 38.214 - Rules
  Except as otherwise provided by this subchapter, the commissioner of education and the commissioner of state health services shall jointly adopt rules necessary to implement...
• Texas Section 38.215 - Immunity From Liability
  (a) A person who in good faith takes, or fails to take, any action under this subchapter is immune from civil or criminal liability or...

Last modified: September 28, 2016