Relating to certain policies and procedures related to concussions or other brain injuries sustained by public school students, the official text

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