reglab/housing_qa huggingface dataset:
TX Educ Code § 38.058 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter B. School-Based Health Centers|Section 38.058. Health Education and Health Care Advisory Council

Sec. 38.058.  HEALTH EDUCATION AND HEALTH CARE ADVISORY COUNCIL.  (a)  The board of trustees of a school district or the governing body of an open-enrollment charter school may establish and appoint members to a local health education and health care advisory council to make recommendations to the district or school on the establishment of school-based health centers and to assist the district or school in ensuring that local community values are reflected in the operation of each center and in the provision of health education.(b)  A majority of the members of the council must be parents of students enrolled in the school district or open-enrollment charter school.  In addition to the appointees who are parents of students, the board of trustees or governing body shall also appoint at least one person from each of the following groups:(1)  classroom teachers;(2)  school administrators;(3)  school counselors;(4)  health care professionals licensed or certified to practice in this state;(5)  the clergy;(6)  law enforcement;(7)  the business community;(8)  senior citizens; and(9)  students.|Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.18, eff. December 1, 2019.|
TX Educ Code § 38.059 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter B. School-Based Health Centers|Section 38.059. Assistance of Public Health Agency

Sec. 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, a public health agency shall cooperate with a district and to the extent practicable, considering the resources of the agency, may provide assistance.(b)  A district and a public health agency may, by agreement, jointly establish, operate, and fund a school-based health center.|Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.|
TX Educ Code § 38.0591 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter B. School-Based Health Centers|Section 38.0591. Access to Mental Health Services

Sec. 38.0591.  ACCESS TO MENTAL HEALTH SERVICES.  The agency, in cooperation with the Health and Human Services Commission, shall develop guidelines for school districts regarding:(1)  partnering with a local mental health authority and with community or other private mental health services providers and substance abuse services providers to increase student access to mental health services; and(2)  obtaining mental health services through the medical assistance program under Chapter 32, Human Resources Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.19, eff. December 1, 2019.|
TX Educ Code § 38.060 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter B. School-Based Health Centers|Section 38.060. Coordination With Existing Providers in Certain Areas

Sec. 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 than 50,000; or(2)  has been designated under state or federal law as:(A)  a health professional shortage area;(B)  a medically underserved area; or(C)  a medically underserved community by the Texas Department of Rural Affairs.(b)  If a school-based health center is located in an area described by Subsection (a), the school district and the advisory council established under Section 38.058 shall make a good faith effort to identify and coordinate with existing providers to preserve and protect existing health care systems and medical relationships in the area.(c)  The school district or open-enrollment charter school shall keep a record of efforts made to coordinate with existing providers.|Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 609, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.006(f), eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 2, eff. September 1, 2009.Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.20, eff. December 1, 2019.|
TX Educ Code § 38.061 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter B. School-Based Health Centers|Section 38.061. Communication With Primary Care Physician

Sec. 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 notice of the service the person received to the primary care physician in order to allow the physician to maintain a complete medical history of the person.(b)  The staff of a school-based health center shall, before delivering a medical service to a person with a primary care physician under the state Medicaid program, a state children's health plan program, or a private health insurance or health benefit plan, notify the physician for the purpose of sharing medical information and obtaining authorization for delivering the medical service.|Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.|
TX Educ Code § 38.062 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter B. School-Based Health Centers|Section 38.062. Funding for Provision of Services

Sec. 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 services provided by a school-based health center, including money available under the state Medicaid program, a state children's health plan program, or private health insurance or health benefit plans or available from those persons using a school-based health center who have the ability to pay for the services.|Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999.  Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.|
TX Educ Code § 38.101 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter C. Physical Fitness Assessment|Section 38.101. Assessment Required

Sec. 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 a course that satisfies the curriculum requirements for physical education under Section 28.002(a)(2)(C).(b)  A school district is not required to assess a student for whom, as a result of disability or other condition identified by commissioner rule, the assessment instrument adopted under Section 38.102 is inappropriate.|Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 17, eff. September 28, 2011.|
TX Educ Code § 38.102 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter C. Physical Fitness Assessment|Section 38.102. Adoption of Assessment Instrument

Sec. 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.(b)  The assessment instrument must:(1)  be based on factors related to student health, including the following factors that have been identified as essential to overall health and function:(A)  aerobic capacity;(B)  body composition; and(C)  muscular strength, endurance, and flexibility; and(2)  include criterion-referenced standards specific to a student's age and gender and based on the physical fitness level required for good health.|Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.|
TX Educ Code § 38.103 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter C. Physical Fitness Assessment|Section 38.103. Reporting of Physical Fitness Results

Sec. 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 results may not contain the names of individual students or teachers or a student's social security number or date of birth.(b)  The results of individual student performance on the physical fitness assessment instrument are confidential and may be released only in accordance with state and federal law.|Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 372 (S.B. 226), Sec. 1, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 372 (S.B. 226), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.104 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter C. Physical Fitness Assessment|Section 38.104. Analysis of Results

Sec. 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 and the following:(1)  student academic achievement levels;(2)  student attendance levels;(3)  student obesity;(4)  student disciplinary problems; and(5)  school meal programs.(b)  The agency may contract with a public or private entity for that entity to conduct all or part of the analysis required by Subsection (a).(c)  Not later than September 1 of each year, the agency shall report the findings of the analysis under this section of the results obtained during the preceding school year to the School Health Advisory Committee established under Section 1001.0711, Health and Safety Code, for use by the committee in:(1)  assessing the effectiveness of coordinated health programs provided by school districts in accordance with Section 38.014; and(2)  developing recommendations for modifications to coordinated health program requirements or related curriculum.|Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.|
TX Educ Code § 38.105 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter C. Physical Fitness Assessment|Section 38.105. Donations

Sec. 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 (S.B. 530), Sec. 3, eff. June 15, 2007.|
TX Educ Code § 38.106 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter C. Physical Fitness Assessment|Section 38.106. Rules

Sec. 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 15, 2007.|
TX Educ Code § 38.151 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.151. Definitions

Sec. 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 451.001, Occupations Code.(3)  "Coach" includes an assistant coach.(4)  "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may:(A)  include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns; and(B)  involve loss of consciousness.(5)  "Licensed health care professional" means an advanced practice nurse, athletic trainer, neuropsychologist, or physician assistant, as those terms are defined by this section.(6)  "Neuropsychologist" means a person who:(A)  holds a license to engage in the practice of psychology issued under Section 501.252, Occupations Code; and(B)  specializes in the practice of neuropsychology.(7)  "Open-enrollment charter school" includes a school granted a charter under Subchapter E, Chapter 12.(8)  "Physician" means a person who holds a license to practice medicine in this state.(9)  "Physician assistant" means a person who holds a license issued under Chapter 204, Occupations Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.152 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.152. Applicability

Sec. 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, or a public school, including any school for which a charter has been granted under Chapter 12; or(2)  the University Interscholastic League.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.153 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.153. Oversight of Concussions by School Districts and Charter Schools; Return-to-Play Protocol Development by Concussion Oversight Team

Sec. 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 approve a concussion oversight team.(b)  Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence, for a student's return to interscholastic athletics practice or competition following the force or impact believed to have caused a concussion.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.154 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.154. Concussion Oversight Team: Membership

Sec. 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 statistical area in which the school district or open-enrollment charter school is located, district or charter school student enrollment, and the availability of and access to licensed health care professionals in the district or charter school area, must also include one or more of the following:(1)  an athletic trainer;(2)  an advanced practice nurse;(3)  a neuropsychologist; or(4)  a physician assistant.(b)  If a school district or open-enrollment charter school employs an athletic trainer, the athletic trainer must be a member of the district or charter school concussion oversight team.(b-1)  If a school district or open-enrollment charter school employs a school nurse, the school nurse may be a member of the district or charter school concussion oversight team if requested by the school nurse.(c)  Each member of the concussion oversight team must have had training in the evaluation, treatment, and oversight of concussions at the time of appointment or approval as a member of the team.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 1, eff. June 2, 2019.|
TX Educ Code § 38.155 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.155. Required Annual Form Acknowledging Concussion Information

Sec. 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 another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion.  The form must be approved by the University Interscholastic League.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.156 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.156. Removal From Play in Practice or Competition Following Concussion

Sec. 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 a concussion during the practice or competition:(1)  a coach;(2)  a physician;(3)  a licensed health care professional;(4)  a person licensed under Chapter 201, Occupations Code;(5)  a school nurse; or(6)  the student's parent or guardian or another person with legal authority to make medical decisions for the student.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 362 (H.B. 3024), Sec. 1, eff. June 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 2, eff. June 2, 2019.|
TX Educ Code § 38.157 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.157. Return to Play in Practice or Competition

Sec. 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 force or impact believed to have caused the concussion until:(1)  the student has been evaluated, using established medical protocols based on peer-reviewed scientific evidence, by a treating physician chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student;(2)  the student has successfully completed each requirement of the return-to-play protocol established under Section 38.153 necessary for the student to return to play;(3)  the treating physician has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play; and(4)  the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student:(A)  have acknowledged that the student has completed the requirements of the return-to-play protocol necessary for the student to return to play;(B)  have provided the treating physician's written statement under Subdivision (3) to the person responsible for compliance with the return-to-play protocol under Subsection (c) and the person who has supervisory responsibilities under Subsection (c); and(C)  have signed a consent form indicating that the person signing:(i)  has been informed concerning and consents to the student participating in returning to play in accordance with the return-to-play protocol;(ii)  understands the risks associated with the student returning to play and will comply with any ongoing requirements in the return-to-play protocol;(iii)  consents to the disclosure to appropriate persons, consistent with the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), of the treating physician's written statement under Subdivision (3) and, if any, the return-to-play recommendations of the treating physician; and(iv)  understands the immunity provisions under Section 38.159.(b)  A coach of an interscholastic athletics team may not authorize a student's return to play.(c)  The school district superintendent or the superintendent's designee or, in the case of a home-rule school district or open-enrollment charter school, the person who serves the function of superintendent or that person's designee shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol.  The person who has supervisory responsibilities under this subsection may not be a coach of an interscholastic athletics team.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.159 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.159. Immunity

Sec. 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 or employees;(2)  create any liability for a cause of action against a school district or open-enrollment charter school or against district or charter school officers or employees;(3)  waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code; or(4)  create any cause of action or liability for a member of a concussion oversight team arising from the injury or death of a student participating in an interscholastic athletics practice or competition, based on service or participation on the concussion oversight team.|Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.|
TX Educ Code § 38.160 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle G - Safe Schools|Chapter 38 - Health and Safety|Subchapter D. Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes|Section 38.160. Rules

Sec. 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. June 17, 2011.|