Texas House Bill 2038, known as Natasha’s Law, requires every public school district and open-enrollment charter school in Texas to follow formal concussion protocols for student athletes. Passed in 2011, it covers all interscholastic practices and competitions, including events sanctioned by the University Interscholastic League (UIL). In practice, it does four things: it forces immediate removal of any athlete suspected of a concussion, it blocks return to play without a physician’s written clearance, it requires annual signed acknowledgment forms from students and parents, and it mandates concussion training for coaches and certain school staff.1Texas Legislature Online. Texas Code Education 38 – Health and Safety
Which Schools and Sports the Law Covers
The law applies to interscholastic athletic activities sponsored or sanctioned by any Texas school district, including home-rule districts, any public school operating under a charter, and the UIL.2Justia Law. Texas Education Code Chapter 38 – Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes It does not distinguish between contact and non-contact sports. If a student participates in any school-sponsored athletic activity, the district must follow these protocols for both practices and competitions.
The Annual Acknowledgment Form
Before a student can participate in any interscholastic sport for the school year, both the student and a parent or guardian must sign an acknowledgment form. Signing confirms they have received and read written information covering concussion prevention, symptoms, treatment, oversight, and safe return-to-play guidelines. The UIL must approve the form, and the student cannot practice or compete until it is on file.3State of Texas. Texas Education Code EDUC 38-155 It is a yearly requirement, not a one-time signature.
Immediate Removal From Play
Any student suspected of sustaining a concussion during a practice or competition must be removed immediately. The law gives a wide range of people the authority to trigger that removal:
- A coach
- A physician
- A licensed health care professional
- An athletic trainer
- The student’s parent or guardian
- Any other person who has been informed of the student’s possible concussion
That last category matters. A teammate, referee, or spectator who knows about the possible injury can raise the concern, and the student comes off the field.2Justia Law. Texas Education Code Chapter 38 – Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes Once removed, the student cannot return to practice or competition until completing every step of the return-to-play process. There is no same-day exception.
What It Takes to Return to Play
Getting cleared again involves four statutory steps, and all four must be satisfied before the student plays.
Written Clearance From a Treating Physician
The student must be evaluated by a treating physician chosen by the student or their parent or guardian. The evaluation follows established medical protocols based on peer-reviewed science. The physician must then provide a written statement confirming that, in their professional judgment, the student can safely return to play.4State of Texas. Texas Education Code EDUC 38-157
Completion of the District’s Return-to-Play Protocol
The student must successfully complete each requirement of the graduated return-to-play protocol established by the district’s concussion oversight team. These protocols are based on peer-reviewed science and progress stepwise from light activity through full contact. Districts may tailor the specific steps, but the protocol cannot be skipped or compressed.
Signed Consent From Student and Parent
The student and a parent or guardian must sign a consent form covering several points: that the student has completed the return-to-play protocol, that they understand the risks of returning, that they consent to sharing the physician’s written statement with appropriate school personnel, and that they understand the immunity provisions protecting school staff under the law.4State of Texas. Texas Education Code EDUC 38-157
Submission to a Non-Coach Official
The physician’s clearance and the signed consent form must be delivered to the person responsible for return-to-play compliance, and to that person’s supervisor. The superintendent or a designee oversees the process. The person supervising return-to-play compliance cannot be a coach of an interscholastic athletics team. UIL guidance directs the form to the athletic trainer or another designated non-coach official.5University Interscholastic League. Concussions
Why a Coach Cannot Clear a Student
This point catches people off guard. A coach of an interscholastic athletics team may not authorize a student’s return to play after a concussion. The statute says so explicitly.4State of Texas. Texas Education Code EDUC 38-157 Even if the coach believes the student looks fine, and even if the student insists they feel ready, the decision rests with the treating physician and the district’s non-coach compliance chain.
The Concussion Oversight Team
Every district and open-enrollment charter school with students in interscholastic athletics must appoint or approve a concussion oversight team. The team establishes the return-to-play protocol used in the district.2Justia Law. Texas Education Code Chapter 38 – Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes
The team must include at least one physician. To the greatest extent practicable, it should also include one or more of the following: an athletic trainer (required if the district employs one), an advanced practice nurse, a neuropsychologist, or a physician assistant. A school nurse may join if the nurse requests it. The statute recognizes that smaller or rural districts may have limited access to these professionals, so local population, enrollment, and provider availability factor into what is practicable. Every member must complete concussion-specific training before being appointed.6State of Texas. Texas Education Code Section 38.154 – Concussion Oversight Team Membership
Training Requirements for School Staff
Natasha’s Law requires specific personnel to complete concussion training at least once every two years, covering prevention, recognition, treatment, and oversight. The requirement applies to every coach of an interscholastic athletic activity, any school nurse serving on the concussion oversight team, and any licensed health care professional serving on the team, whether employed by the district or volunteering.
Athletic trainers fulfill the obligation through continuing education courses approved by the Texas Department of Licensing and Regulation. Other health care professionals on the team can meet it through a course approved for continuing education credit by their licensing authority.2Justia Law. Texas Education Code Chapter 38 – Prevention, Treatment, and Oversight of Concussions Affecting Student Athletes
Immunity Protections for Schools
Families should understand the law’s immunity provisions. Section 38.159 states that the concussion subchapter does not waive existing governmental immunity, does not create any new cause of action against a district or its employees, and does not create liability for concussion oversight team members arising from a student’s injury or death based on their service on the team.7State of Texas. Texas Education Code Section 38.159 – Immunity
Even when a district follows every required step and a student still suffers a serious outcome, the district and its staff are largely shielded from lawsuits under this statute. The consent form parents sign before return to play specifically requires them to acknowledge they understand those immunity provisions, which places real weight on the family’s work with the treating physician.4State of Texas. Texas Education Code EDUC 38-157