2005 Texas Education Code CHAPTER 38. HEALTH AND SAFETY

EDUCATION CODE

CHAPTER 38. HEALTH AND SAFETY

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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).
	(b)  Subject to Subsection (c), the Texas Board of Health may 
modify or delete any of the immunizations in Subsection (a) or may 
require immunizations against additional diseases as a requirement 
for admission to any elementary or secondary school.
	(c)  Immunization is not required for a person's admission to 
any elementary or secondary school if the person applying for 
admission:
		(1)  submits to the admitting official:                                       
			(A)  an affidavit or a certificate signed by a 
physician who is duly registered and licensed to practice medicine 
in the United States, in which it is stated that, in the physician's 
opinion, the immunization required poses a significant risk to the 
health and well-being of the applicant or any member of the 
applicant's family or household;  or
			(B)  an affidavit signed by the applicant or, if a 
minor, by the applicant's parent or guardian stating that the 
applicant declines immunization for reasons of conscience, 
including a religious belief;  or
		(2)  is a member of the armed forces of the United 
States and is on active duty.
	(c-1)  An affidavit submitted under Section (c)(1)(B) must 
be on a form described by Section 161.0041, Health and Safety Code, 
and must be submitted to the admitting official not later than the 
90th day after the date the affidavit is notarized.
	(d)  The Texas Department of Health shall provide the 
required immunization to children in areas where no local provision 
exists to provide those services.
	(e)  A person may be provisionally admitted to an elementary 
or secondary school if the person has begun the required 
immunizations and if the person continues to receive the necessary 
immunizations as rapidly as is medically feasible.  The Texas 
Department of Health shall adopt rules relating to the provisional 
admission of persons to an elementary or secondary school.
	(f)  A person who has not received the immunizations required 
by this section for reasons of conscience, including because of the 
person's religious beliefs, may be excluded from school in times of 
emergency or epidemic declared by the commissioner of public 
health.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2003, 78th Leg., ch. 198, § 2.160, eff. Sept. 1, 
2003.


	§ 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, § 1, eff. May 30, 1995.            


	§ 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 school 
year.  The procedures must ensure that the information is 
reasonably likely to come to the attention of the parents of each 
student.  The agency 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 Texas Department of Health.
	(b)  The agency shall consult with the Texas Department of 
Health in prescribing the content of the information to be provided 
to students under this section.  The agency shall establish an 
advisory committee to assist the agency in the initial 
implementation of this section.  The advisory committee must 
include at least two members who are parents of students at public 
schools in this state.
	(c)  A school district, with the written consent of the 
agency, may provide the information required by this section to its 
students and their parents by a method different from the method 
prescribed by the agency under Subsection (a) if the agency 
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, § 2, eff. May 22, 2001.            


	§ 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 approved by the 
State Board of Education.
	(b)  In accordance with the program approved by the State 
Board of Education, the board of trustees of each school district 
shall provide for the treatment of any student determined to have 
dyslexia or a related disorder.
	(c)  The State Board of Education shall adopt any rules and 
standards necessary to administer this section.
	(d)  In this section:                                                          
		(1)  "Dyslexia" means a disorder of constitutional 
origin manifested by a difficulty in learning to read, write, or 
spell, despite conventional instruction, adequate intelligence, 
and sociocultural opportunity.
		(2)  "Related disorders" includes disorders similar to 
or related to dyslexia, such as developmental auditory 
imperception, dysphasia, specific developmental dyslexia, 
developmental dysgraphia, and developmental spelling disability.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 38.004. CHILD ABUSE REPORTING AND PROGRAMS.  (a) The 
agency shall develop a policy governing the child abuse reports 
required by Chapter 261, Family Code, of school districts 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 Protective and Regulatory Services.  Each school 
district shall adopt the policy.
	(b)  Each school district shall provide child abuse 
antivictimization programs in elementary and secondary schools.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 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, § 1, eff. May 30, 1995.            


	§ 38.006. TOBACCO ON SCHOOL PROPERTY.  The board of 
trustees of a school district shall:
		(1)  prohibit smoking or using tobacco products at a 
school-related or school-sanctioned activity on or off school 
property;
		(2)  prohibit students from possessing 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, § 1, eff. May 30, 1995.            


	§ 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.
	(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 900,000 
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, § 1, eff. May 30, 1995.            


	§ 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 
institutional division of the Texas Department of 
Criminal Justice.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 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 risks involved with such use;  and
		(2)  distribute the information to school districts.                          
	(b)  Each school district shall, at appropriate grade levels 
as determined by the State Board of Education, provide the 
information developed under Subsection (a) to district students, 
particularly to those students involved in extracurricular 
athletic activities.

Added by Acts 2005, 79th Leg., ch. 1177, § 2, eff. June 18, 2005.          


	§ 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, § 1, eff. May 30, 1995.            


	§ 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, § 3, eff. June 19, 1999.          


	§ 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, § 1, eff. May 30, 1995.            


	§ 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, § 1, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. June 19, 1999.          


	§ 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, and 
Type 2 diabetes in elementary school, middle school, and junior 
high school students.  Each program must provide for coordinating:
		(1)  health education;                                                        
		(2)  physical education and physical activity;                                
		(3)  nutrition services;  and                                                 
		(4)  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, § 3, eff. June 14, 2001.  
Amended by Acts 2003, 78th Leg., ch. 944, § 3, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 784, § 3, 4, eff. June 17, 2005.


	§ 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, § 3, eff. June 14, 2001.  
Amended by Acts 2005, 79th Leg., ch. 784, § 5, 6, eff. June 17, 
2005.


	§ 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 and information described by Section 28.004(k), presented 
in a form determined by the commissioner.  The district shall 
provide the information required by this section for the district 
and for each campus in the district.

Added by Acts 2005, 79th Leg., ch. 784, § 7, eff. June 17, 2005.           


	§ 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA 
MEDICINE BY STUDENTS.  (a) In this section:
		(1)  "Parent" includes a person standing in parental 
relation.              
		(2)  "Self-administration of prescription asthma 
medicine" means a student's discretionary use of prescription 
asthma medicine.
	(b)  A student with asthma is entitled to possess and 
self-administer prescription asthma medicine while on school 
property or at a school-related event or activity if:
		(1)  the prescription asthma medicine has been 
prescribed for that student as indicated by the prescription label 
on the medicine;
		(2)  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
		(3)  a parent of the student provides to the school:                          
			(A)  a written authorization, signed by the 
parent, for the student to self-administer prescription asthma 
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 and is 
capable of self-administering the prescription asthma 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, § 1, eff. June 11, 2001.  
Renumbered from V.T.C.A., Education Code § 38.013 by Acts 2003, 
78th Leg., ch. 1275, § 2(19), eff. Sept. 1, 2003.


	§ 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)  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;  or
		(2)  prohibit a school district employee who is a 
registered nurse, advanced nurse practitioner, physician, or 
certified or appropriately credentialed mental health professional 
from recommending that a child be evaluated by an appropriate 
medical practitioner;  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 22.051 or 
other law or the district's sovereign and governmental immunity.

Added by Acts 2003, 78th Leg., ch. 1058, § 1, eff. June 20, 2003.          

SUBCHAPTER B. SCHOOL-BASED HEALTH CENTERS


	§ 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 of cooperative health care programs for 
students and their families and may compete for grants awarded 
under this subchapter. The model may provide for the delivery of 
conventional health services and disease prevention of emerging 
health threats that are specific to the district.
	(b)  On the recommendation of an advisory council 
established under Section 38.058, a school district may establish a 
school-based health center at one or more campuses in the district 
to meet the health care needs of students and their families.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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 
written consent of the student's parent or guardian or another 
person having legal control of the student on a consent form 
developed by the district or provider.  The student's parent or 
guardian or another person having legal control of the student may 
give consent for a student to receive ongoing services or may limit 
consent to one or more services provided on a single occasion.
	(b)  The consent form must list every service the 
school-based health center delivers in a format that complies with 
all applicable state and federal laws and allows a person to consent 
to one or more categories of services.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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)  preventive health strategies.                                            

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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 under state law to provide the service.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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 a student that may be 
interfering with the student's well-being or ability to succeed in 
school.
	(b)  If it is determined that a student is in need of a 
referral for mental health services, the staff of the center shall 
notify the person whose consent is required under Section 38.053 
verbally and in writing of the basis for the referral.  The referral 
may not be provided unless the person provides written consent for 
the type of service to be provided and provides specific written 
consent for each treatment occasion.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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 make recommendations to the 
district on the establishment of school-based health centers and to 
assist the district 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 district.  In addition to the appointees 
who are parents of students, the board of trustees shall also 
appoint at least one person from each of the following groups:
		(1)  teachers;                                                                
		(2)  school administrators;                                                   
		(3)  licensed health care professionals;                                      
		(4)  the clergy;                                                              
		(5)  law enforcement;                                                         
		(6)  the business community;                                                  
		(7)  senior citizens;  and                                                    
		(8)  students.                                                                

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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 
Office of Rural Community 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 council shall keep a record of efforts made to 
coordinate with existing providers.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 609, § 7, eff. Sept. 1, 2003;  Acts 
2003, 78th Leg., ch. 1276, § 9.006(f), eff. Sept. 1, 2003.


	§ 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, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 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, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 38.063. GRANTS.  (a)  Subject to the availability of 
federal or state appropriated funds, the commissioner of public 
health shall administer a program under which grants are awarded to 
assist school districts with the costs of operating school-based 
health centers in accordance with this section.
	(b)  The commissioner of public health, by rules adopted in 
accordance with this section, shall establish procedures for 
awarding grants.  The rules must provide that:
		(1)  grants are awarded to school districts on an 
annual basis through a competitive process;  and
		(2)  a preference is given to school districts that are 
located in rural areas or that have low property wealth per student.
	(c)  All health care programs should be designed to meet the 
following goals:
		(1)  reducing student absenteeism;                                            
		(2)  increasing a student's ability to meet the 
student's academic potential;  and
		(3)  stabilizing the physical well-being of a student.                        
	(d)  A school district may not receive more than $250,000 per 
biennium through grants awarded under this section.
	(e)  To be eligible to receive a grant, a district must 
provide matching funds in accordance with rules adopted under 
Subsection (b). The matching funds may be obtained from any source 
available to the district, including in-kind contributions, 
community or foundation grants, individual contributions, and 
local governmental agency operating funds.
	(f)  The commissioner of public health shall adopt rules 
establishing standards for health care centers funded through 
grants that place primary emphasis on delivery of health services 
and secondary emphasis on population-based models that prevent 
emerging health threats.
	(g)  The commissioner of public health shall require client 
surveys to be conducted in school-based health centers funded 
through grants awarded under this section, and the results of those 
surveys must be included in the annual report required under 
Section 38.064.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.


	§ 38.064. REPORT TO LEGISLATURE.  (a) Based on statistics 
obtained from every school-based health center in this state, the 
commissioner of public health shall issue an annual report to the 
legislature about the relative efficacy of services delivered by 
school-based health centers and any increased academic success of 
students at campuses served by those centers, with special emphasis 
on any:
		(1)  increased attendance;                                                    
		(2)  decreased drop-out rates;                                                
		(3)  improved student health; and                                             
		(4)  improved performance on student assessment 
instruments administered under Subchapter B, Chapter 39.
	(b)  In obtaining statistics for preparation of the report 
required by this section, the commissioner of public health shall 
ensure that data is collected for each county and aggregated 
appropriately according to geographical region.

Added by Acts 1999, 76th Leg., ch. 1418, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 38.011 and amended by 
Acts 2001, 77th Leg., ch. 1420, § 4.005, eff. Sept. 1, 2001.