reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.002. Immunization Records; Reporting

Sec. 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 inspection at all reasonable times by the Texas Education Agency or by representatives of local health departments or the Texas Department of Health.
(b)  Each public school shall cooperate in transferring students' immunization records to other schools.  Specific approval from students, parents, or guardians is not required before transferring those records.
(c)  The Texas Education Agency and the Texas Department of Health shall develop the form for a required annual report of the immunization status of students.  The report shall be submitted by all schools at the time and in the manner indicated in the instructions printed on the form.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0025. Dissemination of Bacterial Meningitis Information

Sec. 38.0025.  DISSEMINATION OF BACTERIAL MENINGITIS INFORMATION.  (a)  The Department of State Health Services shall prescribe procedures by which each school district shall provide information relating to bacterial meningitis to its students and their parents each school year.  The procedures must ensure that the information is reasonably likely to come to the attention of the parents of each student.  The department shall prescribe the form and content of the information.  The information must cover:
(1)  the symptoms of the disease, how it may be diagnosed, and its possible consequences if untreated;
(2)  how the disease is transmitted, how it may be prevented, and the relative risk of contracting the disease for primary and secondary school students;
(3)  the availability and effectiveness of vaccination against and treatment for the disease, and a brief description of the risks and possible side effects of vaccination; and
(4)  sources of additional information regarding the disease, including any appropriate office of the school district and the appropriate office of the department.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1187 (H.B. 3884), Sec. 2, eff. June 14, 2019.
(c)  A school district, with the written consent of the Department of State Health Services, may provide the information required by this section to its students and their parents by a method different from the method prescribed by the department under Subsection (a) if the department determines that method would be effective in bringing the information to the attention of the parents of each student.
Added by Acts 2001, 77th Leg., ch. 219, Sec. 2, eff. May 22, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1187 (H.B. 3884), Sec. 1, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1187 (H.B. 3884), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0031. Classroom Technology Plan for Students With Dyslexia

Sec. 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 must:
(1)  determine the classroom technologies that are useful and practical in assisting public schools in accommodating students with dyslexia, considering budget constraints of school districts; and
(2)  develop a strategy for providing those effective technologies to students.
(b)  The agency shall provide the plan and information about the availability and benefits of the technologies identified under Subsection (a)(1) to school districts.
(c)  A member of the committee established under Subsection (a) is not entitled to reimbursement for travel expenses incurred by the member under this section unless agency funds are available for that purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0032. Dyslexia Training Opportunities

Sec. 38.0032.  DYSLEXIA TRAINING OPPORTUNITIES. (a) The agency shall annually develop a list of training opportunities regarding dyslexia that satisfy the requirements of Section 21.054(b).  The list of training opportunities must include at least one opportunity that is available online.
(b)  A training opportunity included in the list developed under Subsection (a) must:
(1)  comply with the knowledge and practice standards of an international organization on dyslexia; and
(2)  enable an educator to:
(A)  understand and recognize dyslexia; and
(B)  implement instruction that is systematic, explicit, and evidence-based to meet the educational needs of a student with dyslexia.
Added by Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 6, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.004. Child Abuse Reporting and Programs

Sec. 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 Section 20A.02(a)(5), (6), (7), or (8), Penal Code, as required by Chapter 261, Family Code, for school districts, open-enrollment charter schools, and their employees.  The policy must provide for cooperation with law enforcement child abuse investigations without the consent of the child's parents if necessary, including investigations by the Department of Family and Protective Services.  The policy must require each school district and open-enrollment charter school employee to report child abuse or neglect, including the trafficking of a child under Section 20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter 261, Family Code.  Each school district and open-enrollment charter school shall adopt the policy.
(a-1)  The agency shall:
(1)  maintain on the agency Internet website a list of links to websites that provide information regarding the prevention of child abuse; and
(2)  develop and periodically update a training program on prevention of child abuse that a school district may use for staff development.
(b)  Each school district shall provide child abuse antivictimization programs in elementary and secondary schools.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 561 (S.B. 1456), Sec. 1, eff. June 16, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 592 (S.B. 939), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0042. Posting Child Abuse Hotline Telephone Number

Sec. 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 accessible to students a sign in English and in Spanish that contains the toll-free telephone number operated by the Department of Family and Protective Services to receive reports of child abuse or neglect.
(b)  The commissioner may adopt rules relating to the size and location of the sign required by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 592 (S.B. 939), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.005. Protective Eye Devices in Public Schools

Sec. 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. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.006. E-Cigarettes and Tobacco Products on School Property

Sec. 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 shall:
(1)  prohibit smoking or using e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property;
(2)  prohibit students from possessing e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property; and
(3)  ensure that school personnel enforce the policies on school property.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 38, eff. October 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.007. Alcohol-Free School Zones

Sec. 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 school property.
(a-1)  This section does not apply to a performing arts facility leased to a nonprofit organization for an event as provided by Section 11.179.
(b)  The board of trustees of a school district shall attempt to provide a safe alcohol-free environment to students coming to or going from school.  The board of trustees may cooperate with local law enforcement officials and the Texas Alcoholic Beverage Commission in attempting to provide this environment and in enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage Code.  Additionally, the board, if a majority of the area of a district is located in a municipality with a population of 1.3 million or more, may petition the commissioners court of the county in which the district is located or the governing board of an incorporated city or town in which the district is located to adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.008. Posting of Steroid Law Notice

Sec. 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 school gymnasium and each other place in a building where physical education classes are conducted the following notice:
Anabolic steroids are for medical use only.  State law prohibits possessing, dispensing, delivering, or administering an anabolic steroid in any manner not allowed by state law.  State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a valid medical purpose.  Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person.  A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.050, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.009. Access to Medical Records

Sec. 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 district policy.
(b)  A school administrator, nurse, or teacher who views medical records under this section shall maintain the confidentiality of those medical records.
(c)  This section does not authorize a school administrator, nurse, or teacher to require a student to be tested to determine the student's medical condition or status.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0095. Parental Access to Medical Records

Sec. 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 of a student's parent or guardian, the school district shall provide a copy of the student's medical records to the parent or guardian.  The district may not impose a charge for providing the copy that exceeds the charge authorized by Section 552.261, Government Code, for providing a copy of public information.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 3, eff. June 19, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.010. Outside Counselors

Sec. 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 or an emotional or psychological condition unless the district:
(1)  obtains prior written consent for the referral from the student's parent;
(2)  discloses to the student's parent any relationship between the district and the outside counselor;
(3)  informs the student and the student's parent of any alternative public or private source of care or treatment reasonably available in the area;
(4)  requires the approval of appropriate school district personnel before a student may be referred for care or treatment or before a referral is suggested as being warranted;  and
(5)  specifically prohibits any disclosure of a student record that violates state or federal law.
(b)  In this section, "parent" includes a managing conservator or guardian.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0101. Authority to Employ or Contract With Nonphysician Mental Health Professional

Sec. 38.0101.  AUTHORITY TO EMPLOY OR CONTRACT WITH NONPHYSICIAN MENTAL HEALTH PROFESSIONAL.  (a)  A school district may employ or contract with one or more nonphysician mental health professionals.
(b)  In this section, "nonphysician mental health professional" means:
(1)  a psychologist licensed to practice in this state and designated as a health-service provider;
(2)  a registered nurse with a master's or doctoral degree in psychiatric nursing;
(3)  a licensed clinical social worker;
(4)  a professional counselor licensed to practice in this state; or
(5)  a marriage and family therapist licensed to practice in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.12, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.011. Dietary Supplements

Sec. 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 secondary education student with whom the employee has contact as part of the employee's school district duties;  or
(2)  knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by a primary or secondary education student with whom the employee has contact as part of the employee's school district duties.
(b)  This section does not prohibit a school district employee from:
(1)  providing or endorsing a dietary supplement that contains performance enhancing compounds to, or suggesting the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by, the employee's child;  or
(2)  selling, marketing, or distributing a dietary supplement that contains performance enhancing compounds to, or endorsing or suggesting the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by, a primary or secondary education student as part of activities that:
(A)  do not occur on school property or at a school-related function;
(B)  are entirely separate from any aspect of the employee's employment with the school district;  and
(C)  do not in any way involve information about or contacts with students that the employee has had access to, directly or indirectly, through any aspect of the employee's employment with the school district.
(c)  A person who violates this section commits an offense.  An offense under this section is a Class C misdemeanor.
(d)  In this section:
(1)  "Dietary supplement" has the meaning assigned by 21 U.S.C. Section 321 and its subsequent amendments.
(2)  "Performance enhancing compound" means a manufactured product for oral ingestion, intranasal application, or inhalation that:
(A)  contains a stimulant, amino acid, hormone precursor, herb or other botanical, or any other substance other than an essential vitamin or mineral;  and
(B)  is intended to increase athletic or intellectual performance, promote muscle growth, or increase an individual's endurance or capacity for exercise.
Added by Acts 1999, 76th Leg., ch. 1086, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.012. Notice Concerning Health Care Services

Sec. 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 were available on January 1, 1999, the board of trustees must:
(1)  hold a public hearing at which the board discloses all information on the proposed health care services, including:
(A)  all health care services to be provided;
(B)  whether federal law permits or requires any health care service provided to be kept confidential from parents;
(C)  whether a child's medical records will be accessible to the child's parent;
(D)  information concerning grant funds to be used;
(E)  the titles of persons who will have access to the medical records of a student;  and
(F)  the security measures that will be used to protect the privacy of students' medical records;  and
(2)  approve the expansion or change by a record vote.
(b)  A hearing under Subsection (a) must include an opportunity for public comment on the proposal.
Added by Acts 1999, 76th Leg., ch. 1418, Sec. 2, eff. June 19, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.013. Coordinated Health Program for Elementary, Middle, and Junior High School Students

Sec. 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 in elementary school, middle school, and junior high school.  Each program must provide for coordinating education and services related to:
(1)  physical health education, including programs designed to prevent obesity, cardiovascular disease, oral diseases, and Type 2 diabetes and programs designed to promote the role of proper nutrition;
(2)  mental health education, including education about mental health conditions, mental health well-being, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making;
(3)  substance abuse education, including education about alcohol abuse, prescription drug abuse, and abuse of other controlled substances;
(4)  physical education and physical activity; and
(5)  parental involvement.
(a-1)  The commissioner by rule shall adopt criteria for evaluating a coordinated health program before making the program available under Subsection (a).  Before adopting the criteria, the commissioner shall request review and comment concerning the criteria from the Department of State Health Services School Health Advisory Committee.  The commissioner may make available under Subsection (a) only those programs that meet criteria adopted under this subsection.
(b)  The agency shall notify each school district of the availability of the programs.
(c)  The commissioner by rule shall adopt criteria for evaluating the nutritional services component of a program under this section that includes an evaluation of program compliance with the Department of Agriculture guidelines relating to foods of minimal nutritional value.
Added by Acts 2001, 77th Leg., ch. 907, Sec. 3, eff. June 14, 2001.  Amended by Acts 2003, 78th Leg., ch. 944, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 3, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 4, eff. June 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1399 (H.B. 2483), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.13, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.014. Implementation of Coordinated Health Program for Elementary, Middle, and Junior High School Students

Sec. 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)  implement the program in each elementary school, middle school, and junior high school in the district.
(b)  The agency, in cooperation with the Texas Department of Health, shall adopt a schedule for regional education service centers to provide necessary training under this section.
Added by Acts 2001, 77th Leg., ch. 907, Sec. 3, eff. June 14, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 5, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 6, eff. June 17, 2005.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0141. Reporting of Certain Health and Safety Information Required

Sec. 38.0141.  REPORTING OF CERTAIN HEALTH AND SAFETY INFORMATION REQUIRED.  (a)  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 and information described by Sections 28.004(k)(2), (3), and (4) presented in a form determined by the commissioner.  The district shall provide the information required by this subsection for the district and for each campus in the district.
(b)  Not later than one year after the agency receives the information required by Subsection (a), the commissioner shall complete a report on physical education provided by each school district and publish the report on the agency's Internet website.
(c)  The report must include:
(1)  the number of physical education classes offered at each campus in the district and detail the number of days, classes, and minutes offered each week by each campus;
(2)  the ratio of students enrolled in physical education classes in the district compared to the overall enrollment;
(3)  the average physical education class size at each campus in the district;
(4)  the number of physical education teachers in the district who are licensed, certified, or endorsed by an accredited teacher preparation program to teach physical education;
(5)  whether each campus in the district has the appropriate equipment and adequate facilities for students to engage in the amount and intensity of physical activity required under Section 28.002;
(6)  whether the district allows modifications or accommodations that allow physical education courses to meet the needs of students with disabilities; and
(7)  whether the district has a policy that allows teachers or administrators in the district to withhold physical activity from a student as punishment.
Added by Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 7, eff. June 17, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1126 (S.B. 1873), Sec. 1, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 3.02, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.015. Self-Administration of Prescription Asthma or Anaphylaxis Medicine by Students

Sec. 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 use of prescription asthma or anaphylaxis medicine.
(b)  A student with asthma or anaphylaxis is entitled to possess and self-administer prescription asthma or anaphylaxis medicine while on school property or at a school-related event or activity if:
(1)  the prescription medicine has been prescribed for that student as indicated by the prescription label on the medicine;
(2)  the student has demonstrated to the student's physician or other licensed health care provider and the school nurse, if available, the skill level necessary to self-administer the prescription medication, including the use of any device required to administer the medication;
(3)  the self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
(4)  a parent of the student provides to the school:
(A)  a written authorization, signed by the parent, for the student to self-administer the prescription medicine while on school property or at a school-related event or activity; and
(B)  a written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
(i)  that the student has asthma or anaphylaxis and is capable of self-administering the prescription medicine;
(ii)  the name and purpose of the medicine;
(iii)  the prescribed dosage for the medicine;
(iv)  the times at which or circumstances under which the medicine may be administered; and
(v)  the period for which the medicine is prescribed.
(c)  The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
(d)  This section does not:
(1)  waive any liability or immunity of a governmental unit or its officers or employees;  or
(2)  create any liability for or a cause of action against a governmental unit or its officers or employees.
(e)  The commissioner may adopt rules and prescribe forms to assist in the implementation of this section.
Added by Acts 2001, 77th Leg., ch. 511, Sec. 1, eff. June 11, 2001.  Renumbered from Education Code Sec. 38.013 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(19), eff. Sept. 1, 2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 10.01, eff. May 31, 2006.
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 10.02, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.016. Psychotropic Drugs and Psychiatric Evaluations or Examinations

Sec. 38.016.  PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS.  (a)  In this section:
(1)  "Nonphysician mental health professional" has the meaning assigned by Section 38.0101.
(2)  "Parent" includes a guardian or other person standing in parental relation.
(3)  "Psychotropic drug" means a substance that is:
(A)  used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and
(B)  intended to have an altering effect on perception, emotion, or behavior.
(b)  A school district employee may not:
(1)  recommend that a student use a psychotropic drug;  or
(2)  suggest any particular diagnosis;  or
(3)  use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity.
(c)  Subsection (b) does not:
(1)  prevent an appropriate referral under the child find system required under 20 U.S.C. Section 1412, as amended;
(2)  prohibit a school district employee, or an employee of an entity with which the district contracts, who is a registered nurse, advanced nurse practitioner, physician, or nonphysician mental health professional licensed or certified to practice in this state from recommending that a child be evaluated by a physician or nonphysician mental health professional; or
(3)  prohibit a school employee from discussing any aspect of a child's behavior or academic progress with the child's parent or another school district employee.
(d)  The board of trustees of each school district shall adopt a policy to ensure implementation and enforcement of this section.
(e)  An act in violation of Subsection (b) does not override the immunity from personal liability granted in Section 22.0511 or other law or the district's sovereign and governmental immunity.
Added by Acts 2003, 78th Leg., ch. 1058, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.008, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.14, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.018. Procedures Regarding Response to Cardiac Arrest

Sec. 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 medical emergency involving cardiac arrest, including the appropriate response time in administering cardiopulmonary resuscitation, using an automated external defibrillator, as defined by Section 779.001, Health and Safety Code, or calling a local emergency medical services provider.
(b)  A private school is required to develop safety procedures under this section only if the school receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator.
Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0181. Cardiovascular Screening Pilot Program

Sec. 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 at participating campuses are administered a cardiovascular screening, including an electrocardiogram and an echocardiogram.
(c)  The commissioner shall select campuses to participate in the pilot program.  In selecting campuses, the commissioner shall ensure that the cardiovascular screening is administered to an ethnically diverse range of students.
(d)  The commissioner may accept grants and donations for use in administering the pilot program.
(e)  The commissioner shall require a participating campus to provide the results of a student's cardiovascular screening to the student's parent or guardian.
(f)  Expired.
(g)  The commissioner may adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 6, eff. June 15, 2007.
Renumbered from Education Code, Section 38.019 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(6), eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.019. Immunization Awareness Program

Sec. 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 immunizations required for admission to public school by rules of the Department of State Health Services adopted under Section 38.001;
(B)  any immunizations or vaccines recommended for public school students by the Department of State Health Services; and
(C)  health clinics in the district that offer the influenza vaccine, to the extent those clinics are known to the district; and
(2)  a link to the Department of State Health Services Internet website where a person may obtain information relating to the procedures for claiming an exemption from the immunization requirements of Section 38.001.
(a-1)  The link to the Department of State Health Services Internet website provided under Subsection (a)(2) must be presented in the same manner as the information provided under Subsection (a)(1).
(b)  The list of recommended immunizations or vaccines under Subsection (a)(2) must include the influenza vaccine, unless the Department of State Health Services requires the influenza vaccine for admission to public school.
Added by Acts 2007, 80th Leg., R.S., Ch. 94 (H.B. 1059), Sec. 3, eff. May 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.021. Use of Sunscreen Products

Sec. 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 to the sun and not for the medical treatment of an injury or illness if the product is approved by the federal Food and Drug Administration for over-the-counter use.
(b)  This section does not:
(1)  waive any immunity from liability of a school district, its board of trustees, or its employees; or
(2)  create any liability for or a cause of action against a school district, its board of trustees, or its employees.
Added by Acts 2015, 84th Leg., R.S., Ch. 1139 (S.B. 265), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.022. School Visitors

Sec. 38.022.  SCHOOL VISITORS.  (a)  A school district may require a person who enters property under the district's control to display the person's driver's license, another form of identification containing the person's photograph issued by a governmental entity, or, if applicable, the person's district employee or student identification card.  The person must provide the identification on request.
(a-1)  A school district may eject a person from district property if:
(1)  the person refuses or fails to provide on request identification described by Subsection (a); and
(2)  it reasonably appears that the person has no legitimate reason to be on district property.
(b)  A school district may establish an electronic database for the purpose of storing information concerning visitors to district campuses.  Information stored in the electronic database may be used only for the purpose of school district security and may not be sold or otherwise disseminated to a third party for any purpose.
(c)  A school district may verify whether a visitor to a district campus is a sex offender registered with the computerized central database maintained by the Department of Public Safety as provided by Article 62.005, Code of Criminal Procedure, or any other database accessible by the district.
(d)  The board of trustees of a school district shall adopt a policy regarding the action to be taken by the administration of a school campus when a visitor is identified as a sex offender.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 12, eff. June 15, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.023. List of Resources Concerning Internet Safety

Sec. 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 that may assist in educating teachers and students about:
(1)  the potential dangers of allowing personal information to appear on an Internet website;
(2)  the significance of copyright laws; and
(3)  the consequences of cyber-plagiarism and theft of audiovisual works, including motion pictures, software, and sound recordings, through uploading and downloading files on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 751 (H.B. 3171), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0231. Guidelines for Use of Digital Devices

Sec. 38.0231.  GUIDELINES FOR USE OF DIGITAL DEVICES.  (a)  The agency, in consultation with the Health and Human Services Commission, shall develop and distribute model health and safety guidelines that school districts and open-enrollment charter schools may use to determine best practices for the effective integration of digital devices in public schools.  The guidelines must:
(1)  be based on evidence-based studies and practices;
(2)  consider the needs of students with intellectual or physical disabilities;
(3)  consider the potential costs of implementation of the guidelines and affordable ways to reduce the hazards associated with the extended use of digital devices; and
(4)  address:
(A)  digital device use for varying age ranges and developmental levels;
(B)  the amount of time a student spends using digital devices in the classroom;
(C)  appropriate frequency for breaks from the use of digital devices;
(D)  physical positioning of digital devices in the classroom;
(E)  the use of digital devices to complete homework assignments;
(F)  recommended total daily screen time usage for students;
(G)  recommended practices or software to block access to inappropriate content; and
(H)  recommended teacher training regarding digital device use in the classroom to ensure implementation of the best practices.
(b)  The school board of each school district or the governing body of each open-enrollment charter school shall adopt a policy for the effective integration of digital devices in the district or school.  In adopting the policy, the school board or the governing body may decide whether to adopt the guidelines developed under Subsection (a) for use in the district or school.
(c)  Each school district or open-enrollment charter school that adopts the guidelines developed under Subsection (a) may implement the guidelines in a manner that best meets the district's or charter school's individual needs and the individual needs of students in the district or school, including students with intellectual or physical disabilities.
(d)  If a school district or open-enrollment charter school adopts the guidelines developed under Subsection (a), the district or charter school shall post the guidelines publicly on the district's or charter school's Internet website.
Added by Acts 2021, 87th Leg., R.S., Ch. 491 (H.B. 3489), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.024. Insurance Against Student Injuries

Sec. 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 for or engaging in interschool athletic competition or while engaging in school-sponsored activities.
(b)  The amount of insurance to be obtained must be in keeping with the financial condition of the school district and may not exceed the amount that, in the opinion of the board of trustees, is reasonably necessary to afford adequate medical treatment of injured students.
(c)  The insurance authorized by this section must be obtained from a reliable insurance company authorized to do business in this state and must be on forms approved by the commissioner of insurance.
(d)  The cost of the insurance is a legitimate part of the total cost of operating the school district.
(e)  The failure of any board of trustees to carry the insurance authorized by this section may not be construed as placing any legal liability on the school district or its officers, agents, or employees for any injury that results.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 534, Sec. 1, eff. Sept. 1, 2001.
Transferred from Education Code, Section 33.085 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.004(a), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.004(b), eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 92 (H.B. 744), Sec. 1, eff. May 23, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.026. Grant Program for Best Practices in Nutrition Education

Sec. 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.
(b)  The Department of Agriculture may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this section.
(c)  The Department of Agriculture may adopt rules as necessary to administer a grant program established under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 728 (S.B. 282), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.027. Electronic Communication Policy

Sec. 38.027.  ELECTRONIC COMMUNICATION POLICY.  (a)  In this section, "electronic communication" means any communication facilitated by the use of any electronic device, including a telephone, cellular telephone, computer, computer network, personal data assistant, or pager.  The term includes e-mails, text messages, instant messages, and any communications made through an Internet website, including a social media website or a social networking website.
(b)  A school district shall adopt a written policy concerning electronic communications between a school employee and a student enrolled in the district.
(c)  The policy adopted under this section must:
(1)  include provisions designed to prevent improper electronic communications between a school employee and a student;
(2)  allow a school employee to elect to not disclose to students the employee's personal telephone number or e-mail address; and
(3)  include provisions instructing a school employee about the proper method for notifying appropriate local administrators about an incident in which a student engages in improper communications with the school employee.
Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.031. Notice of Lice

Sec. 38.031.  NOTICE OF LICE.  (a)  The board of trustees of an independent school district shall adopt a policy requiring a school nurse of a public elementary school who determines or otherwise becomes aware that a child enrolled in the school has lice shall provide written or electronic notice of that fact to:
(1)  the parent of the child with lice as soon as practicable but not later than 48 hours after the administrator or nurse, as applicable, determines or becomes aware of that fact; and
(2)  the parent of each child assigned to the same classroom as the child with lice not later than the fifth school day after the date on which the administrator or nurse, as applicable, determines or becomes aware of that fact.
(b)  The notice provided under Subsection (a):
(1)  must include the recommendations of the Centers for Disease Control and Prevention for the treatment and prevention of lice; and
(2)  if the notice is provided under Subsection (a)(2), may not identify the child with lice.
(c)  The commissioner shall adopt rules as necessary to implement this section in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 14, eff. September 1, 2017.