Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 2398 seeks to strengthen protections for Texas public school students who suffer from concussions or other brain injuries. The bill directs the Texas Education Agency (TEA) to develop a list of nonmedical academic accommodations that schools may offer to students diagnosed with a brain injury. Additionally, TEA must create a standard form describing these accommodations and make it accessible on its public website. School districts that receive notice of a student's concussion—or a request from a parent, guardian, student, or employee—must promptly provide the form but are not required to offer or implement any accommodations.

The bill also creates a new "Concussion Response Policy" requirement for public school districts that covers non-athletic injuries. Under this policy, if a student is suspected of sustaining a concussion while on school property or participating in a school-sponsored activity, the student must be immediately removed from the activity. Parents or guardians must be notified, and students may not return to the activity until they meet medical clearance requirements already established under Texas law for athletic concussions.

SB 2398 carefully balances the need for student health protections with maintaining local school district flexibility. It avoids imposing mandatory accommodations while improving communication and awareness. The legislation is scheduled to take effect either immediately with sufficient legislative votes or on September 1, 2025, and would apply beginning with the 2025–2026 school year.

The originally filed version of SB 2398 was narrowly tailored to address only the academic side of supporting students diagnosed with concussions or other brain injuries. It required the Texas Education Agency (TEA) to develop a list of nonmedical academic accommodations that school districts could optionally offer to these students. The bill also directed TEA to create a standard form describing these accommodations and mandated that school districts make this form readily available to employees, students, and parents following a diagnosis or upon request. Importantly, the original bill made clear that it did not require school districts to actually provide any accommodations — the distribution of information was the extent of their obligation.

The Committee Substitute retains the original framework around academic accommodations but significantly expands the bill's scope by introducing new health and safety requirements. Specifically, the substitute adds a requirement that school districts adopt and implement a Concussion Response Policy for students who may suffer a concussion while participating in any school-sponsored activity—not just athletics. This policy must mandate the immediate removal of students suspected of sustaining a concussion, provide timely notification to parents or guardians, and prohibit the student’s return to activities until medical clearance conditions are met. This addition shifts the bill from a purely informational measure into one that imposes active procedural requirements on school districts related to student health.

In summary, while the original bill was limited to raising awareness and providing information about potential academic supports, the Committee Substitute transforms the legislation into a broader student protection measure, combining informational transparency with concrete, mandatory action steps for managing suspected concussions on school campuses.

Author (2)

Donna Campbell

Brandon Creighton

Co-Author (1)

Tan Parker

Sponsor (1)

Charles Cunningham

Contact the Author

Sen. Donna Campbell

Capitol Phone:

(512) 463-0125

Capitol Office:

CAP 3E.18

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), no fiscal implication to the state is anticipated from the implementation of SB 2398. The Texas Education Agency (TEA) is tasked with developing a list of nonmedical academic accommodations and creating a corresponding form, but these administrative duties are expected to be absorbed within the agency’s existing resources and responsibilities without the need for additional appropriations or staffing.

Similarly, no fiscal implication to local governments—specifically, school districts—is anticipated. Although the bill requires school districts to adopt a Concussion Response Policy and to distribute informational forms to staff, students, and parents, these obligations are administrative in nature and are not expected to result in significant additional costs. School districts are not mandated to provide medical services, accommodations, or new staffing under this legislation, further limiting any potential financial burden.

In short, SB 2398 is designed to improve student safety and academic support protocols with minimal financial impact on either state agencies or local education providers, relying on existing administrative frameworks and communication channels.

Vote Recommendation Notes

SB 2398 advances important protections for Texas public school students recovering from concussions or other brain injuries without materially expanding the size, cost, or regulatory footprint of government. The bill requires the Texas Education Agency (TEA) to create and make available a list of nonmedical academic accommodations, along with a standardized form for school districts to distribute to students, parents, and staff. It also mandates that public school districts adopt a Concussion Response Policy for non-athletic injuries, ensuring prompt removal, parental notification, and appropriate return-to-activity standards.

Importantly, the bill does not increase the financial burden on taxpayers. The Legislative Budget Board determined that there is no fiscal impact to the state or to local governments. TEA is expected to absorb the bill's administrative tasks within existing resources, and school districts are not required to incur new costs beyond basic policy updates and distribution of already-prepared information. Furthermore, SB 2398 does not impose any new regulatory burdens on private individuals or businesses. Its scope is limited solely to public education settings, and its measures are procedural rather than punitive.

While the bill slightly broadens the obligations of public school districts by introducing a concussion policy for non-athletic events, it does so in a measured and targeted manner that respects local control and operational flexibility. It carefully avoids creating new bureaucracies or heavy mandates, maintaining fidelity to principles of limited government while responsibly addressing student health and academic success.

Based on its alignment with protecting individual liberty, personal responsibility, and local decision-making—without expanding government overreach or taxpayer costs—Texas Policy Research recommends that state lawmakers vote YES on SB 2398.

The bill enhances individual liberty by ensuring students and parents are promptly informed about available academic accommodations after a concussion or brain injury. It empowers families with information and choices regarding a student's academic needs without imposing mandates. The optional nature of accommodations respects the right of parents and students to determine what is best for the student's recovery.
By making information about accommodations widely available but not forcing districts to offer them, the bill reinforces personal responsibility. It leaves the choice to seek accommodations—and manage recovery appropriately—with students, parents, and educators, rather than mandating a one-size-fits-all government solution.
The bill does not directly affect the private sector, markets, or businesses. It applies only to public schools. Since it neither restricts business activity nor creates new private market opportunities, it is neutral on this principle.
There is no impact on ownership or use of private property. The bill concerns public education systems and does not infringe upon or regulate private property in any way.
The bill carefully avoids expanding the size or cost of government. It leverages existing resources at TEA and in local school districts without mandating expensive new programs. While it does require districts to adopt a concussion response policy, this action is narrowly focused, procedural, and similar to policies already required for athletic injuries. The limited scope and absence of fiscal impact align with a restrained, constitutional view of government's proper role: protecting public health and welfare without creating bureaucratic expansion.

View Bill Text and Status