| (a) The chief administrator of each school is responsible
for notifying a parent, managing conservator, or guardian of the requirement
to conduct spinal screening, the purpose of and the reasons for spinal
screening and potential risk to the child if declined, the method
used to perform the screening based on §37.143 of this title
(related to Spinal Screening Procedures), and the method to decline
spinal screening based on subsection (e) of this section. For purposes
of this section, the notification may be in electronic format.
(b) The chief administrator of each school is responsible
for the school maintaining a copy of the screening results and the
mailing of a copy of the report to the parent, managing conservator,
or guardian of the individual screened if an abnormal spinal curvature
is suspected, based on §37.143(a) of this title (relating to
Spinal Screening Procedures).
(c) The chief administrator of each school shall ensure
that each individual admitted to the school complies with the screening
requirements of this subchapter, according to the following schedule:
(1) All children enrolled in a public or private school,
who meet the criteria outlined in department policy, shall be screened
for abnormal spinal curvature before the end of the school year. The
screening requirements may also be met by a professional examination
as defined in §37.142 of this title (relating to Definitions).
(2) If a child is enrolled within 60 days of the date
a school closes for the summer, the child's spinal screening must
be conducted within 120 days of the beginning of the following school
year.
(3) Schools may offer a student the opportunity for
spinal screening if the student has no record of having been screened
previously.
(d) A child's parent, managing conservator, or legal
guardian, or the individual under the scenarios described in Texas
Family Code, §32.003, may execute an affidavit stating that a
person, other than the individual secured by the school to conduct
screenings at the school, shall conduct the screening as soon as is
feasible. The school may admit the child on a provisional basis for
up to 60 days, or may deny admission until the screening record(s)
are provided to the school. The 60-day time period is from November
30 to January 30 of each school year.
(e) A school shall not require a child to be screened
if the child's parent, managing conservator, or legal guardian, or
the individual under the scenarios described in Texas Family Code,
§32.003, submits to the school, on or before the date spinal
screening is scheduled, an affidavit in lieu of the screening record(s)
stating that the spinal screening conflicts with the tenets and practices
of a church or religious denomination of which the affiant is an adherent
or member.
(f) Only individuals who have completed high school
may serve as volunteer assistants during spinal screenings. It is
the responsibility of the certified screener to determine how any
volunteer assistant(s) will be used during the screening process,
consistent with all state and federal confidentiality requirements.
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