86R1844 MEW-D
By: Meyer, González of El Paso, Shaheen H.B. No. 3630
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of certain behavioral interventions
on students enrolled in public school who receive special education
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0021, Education Code, is amended by
adding Subsections (d-1), (d-2), and (d-3) to read as follows:
(d-1) A school district or a school district employee or
volunteer or an independent contractor of a school district may not
authorize, order, consent to, or pay for any of the following:
(1) an intervention that is designed to or likely to
cause physical pain, including electric shock or any procedure that
involves the use of pressure points or joint locks;
(2) an intervention that involves the directed release
of a noxious, toxic, or otherwise unpleasant spray, mist, or
substance near the student's face;
(3) an intervention that denies adequate sleep, air,
food, water, shelter, bedding, physical comfort, or access to a
restroom facility;
(4) an intervention that involves subjecting the
student to verbal abuse, ridicule, or humiliation or that can be
expected to cause the student emotional trauma;
(5) a restrictive intervention that employs a device,
material, or object that simultaneously immobilizes all four
extremities, including any procedure that results in such
immobilization known as prone or supine floor restraint;
(6) an intervention that impairs the student's
breathing, including any procedure that involves:
(A) applying pressure to the student's torso or
neck; or
(B) obstructing the student's airway, including
placing an object in, on, or over the student's mouth or nose or
placing a bag, cover, or mask over the student's face;
(7) an intervention that restricts the student's
circulation;
(8) an intervention that secures the student to a
stationary object while the student is in a sitting or standing
position;
(9) an intervention that inhibits, reduces, or hinders
the student's ability to communicate;
(10) an intervention that involves the use of a
chemical restraint;
(11) an intervention that prevents observation by a
direct line of sight or otherwise precludes adequate supervision of
the student, including isolating the student in a classroom by the
use of physical barriers; or
(12) an intervention that deprives the student of the
use of one or more of the student's senses.
(d-2) For purposes of Subsection (d-1)(11), an intervention
that denies the student academic instruction by a certified
educator constitutes an intervention that precludes adequate
supervision.
(d-3) In adopting procedures under this section, the
commissioner shall provide guidance to school district employees,
volunteers, and independent contractors of school districts in
avoiding a violation of Subsection (d-1).
SECTION 2. This Act applies beginning with the 2019-2020
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.