§ 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.

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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY 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 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 Texas Department of Health's 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.

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.

§102.1031. Criteria for Evaluating Coordinated Health Programs for Elementary School Students.
(a) Program purpose. In accordance with Texas Education Code (TEC), §38.013, the Texas Education Agency (TEA) shall make available to each school district one or more coordinated school health programs designed to prevent obesity, cardiovascular disease, and Type 2 diabetes in elementary school students. Each program must provide for coordinating:
(1) health education;
(2) physical education and physical activity;
(3) nutrition services; and
(4) parental involvement.

(b) Evaluation criteria. The commissioner of education may make available under subsection (a) of this section only those coordinated school health programs that meet the following criteria.

(1) The program coordinates physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement.

(2) The program is implemented and coordinated within and across Kindergarten-Grade 5. A program may be submitted that also includes Prekindergarten and/or Grade 6.

(3) The program has a training component that includes physical education/physical activity, classroom health education, nutrition/cafeteria services, and parental involvement activities and coordinates the four components of subsection (a). The training component must include teaching staff and parents.

(4) The program curricular components (health education and physical education) are based on Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education) and Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).

(5) The program is supported by peer reviewed empirical evidence of effectiveness.

(6) The program includes assessment tools for schools to measure cognitive, behavioral, and attitudinal changes related to the four components.

(7) The program is based on health education theory and national standards for instructional and/or industry best practices in each of the four components described in subsection (a).

(8) The program allows for tailoring to schools' individual needs and can be adapted to a variety of specific situations: ethnic diversity, children with disabilities, school schedules, socioeconomic status, geographic locations, and gender differences.

(9) The program trains school district staff in the annual use of assessment and planning tools for school health programs and policies, suchas the elementary school version of the School Health Index available at the National Centers for Disease Control and Prevention website.

(c) Health programs developed by school districts. Coordinated school health programs that are developed by school districts and that meet the criteria in subsection (b) of this section may be approved and made available as approved programs.

(d) Submission of programs for evaluation. Coordinated school health programs may be submitted annually for evaluation on a schedule to be determined by the commissioner. Programs will be approved for a period of three years.

(e) Availability of programs. The TEA shall notify each school district of the availability of each coordinated school health program approved by the commissioner.

Source: The provisions of this §102.1031 adopted to be effective May 2, 2004, 29 TexReg 3959.

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§ 38.014. IMPLEMENTATION OF COORDINATED HEALTH PROGRAM FOR ELEMENTARY 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 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.
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§ 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.
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§ 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.
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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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.Amendment by Acts 2001, 77th Leg., ch. 1424,

§ 4Section 4 of Acts 2001, 77th Leg., ch. 1424, eff. Sept. 1, 2001, amends V.T.C.A., Education Code § 38.011(j) [now this section] without reference to the deletion of said subsection by Acts 2001, 77th Leg., ch. 1420, § 4.005.
As so amended, § 38.011(j) reads:
"(j) The requirements prescribed by Subsection (i) apply 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."
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§ 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.
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§ 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.
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§ 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.
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