Section 38.032 - Seizure Management and Treatment Plan(a) The parent or guardian of a student with a seizure disorder may seek care for the student's seizures while the student is at school or participating in a school activity by submitting to the school district at which the student is enrolled a copy of a seizure management and treatment plan developed by the student's parent or guardian and the physician responsible for the student's seizure treatment. The plan must be: (1) on the form adopted under Subsection (b); and (2) submitted to and reviewed by the district: (A) before or at the beginning of the school year; (B) on enrollment of the student, if the student enrolls in the district after the beginning of the school year; or (C) as soon as practicable following a diagnosis of a seizure disorder for the student. (b) The agency shall adopt and post on the agency's Internet website a form to be used in submitting a seizure management and treatment plan under this section. The form must request the following information: (1) the student's name and date of birth; (2) the names and contact information of the student's parent or guardian, the physician responsible for the student's seizure treatment, and at least one other emergency contact; (3) any medical history significant to the student's seizure disorder; (4) the type, length, and frequency of the student's seizures; (5) a description of each type of seizure the student has experienced; (6) the student's seizure triggers or warning signs; (7) the student's ability to manage seizures and the student's level of understanding of the seizures; (8) the student's response after a seizure; (9) the basic first aid to be provided to the student during a seizure, including whether the student needs to leave the classroom after a seizure and the process for the student's return to the classroom, if applicable; (10) a description of what constitutes a seizure emergency for the student; (11) a description of seizure emergency protocol for district personnel to follow in the event of a seizure emergency for the student; (12) a treatment protocol for any medications or other procedures to be administered by district personnel to the student during school hours, including: (A) each daily or emergency medication, including: (i) the name and dosage of the medication and the time at which the medication is to be given; (ii) common side effects for the medication; and (iii) any special instructions regarding the medication; and (B) whether the student has a vagus nerve stimulator and, if so, appropriate magnet use for the stimulator; (13) any special considerations or precautions applicable to the student; and (14) the signatures of the student's parent or guardian and the physician responsible for the student's seizure treatment.
(c) The care of a student with a seizure disorder by a district employee under a seizure management plan submitted under this section is incident to or within the scope of the duties of the employee's position of employment and involves the exercise of judgment or discretion on the part of the employee for purposes of Section 22.0511.(d) The immunity from liability provided by Section 22.0511 applies to an action or failure to act by a district employee in administering a medication, assisting with self-administration, or otherwise providing for the care of a student under a seizure management plan submitted for the student under Subsection (a).Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 254,Sec. 1, eff. 5/27/2023, app. only to a seizure management and treatment plan submitted to a school district on or after January 1, 2024.Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1039,Sec. 2, eff. 6/14/2019, op. beginning with the 2019-2020 school year.