By: Meyer, González of El Paso, Shaheen, H.B. No. 3630
et al.
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of aversive techniques 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), (d-3), and (d-4) 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
apply an aversive technique, or by authorization, order, or
consent, cause an aversive technique to be applied, to a student
with a disability receiving special education services under
Subchapter A, Chapter 29. For purposes of this subsection,
"aversive technique" means a technique or intervention that is
intended to reduce the likelihood of a behavior reoccurring by
intentionally inflicting on a student significant physical or
emotional discomfort or pain. The term includes a technique or
intervention that:
(1) is designed to or likely to cause physical pain,
other than an intervention or technique permitted under Section
37.0011;
(2) notwithstanding Section 37.0011, is designed to or
likely to cause physical pain through the use of electric shock or
any procedure that involves the use of pressure points or joint
locks;
(3) involves the directed release of a noxious, toxic,
or otherwise unpleasant spray, mist, or substance near the
student's face;
(4) denies adequate sleep, air, food, water, shelter,
bedding, physical comfort, supervision, or access to a restroom
facility;
(5) ridicules or demeans the student in a manner that
adversely affects or endangers the learning or mental health of the
student or constitutes verbal abuse;
(6) 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;
(7) 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;
(8) restricts the student's circulation;
(9) secures the student to a stationary object while
the student is in a sitting or standing position;
(10) inhibits, reduces, or hinders the student's
ability to communicate;
(11) involves the use of a chemical restraint;
(12) constitutes a use of timeout that precludes the
student from being able to be involved in and progress
appropriately in the requi
red curriculum and, if applicable, toward
the annual goals included in the student's individualized education
program, including isolating the student by the use of physical
barriers; or
(13) except as provided by Subsection (d-2), deprives
the student of the use of one or more of the student's senses.
(d-2) Notwithstanding Subsection (d-1)(13), an aversive
technique described by Subsection (d-1)(13) may be used if the
technique is executed in a manner that:
(1) does not cause the student pain or discomfort; or
(2) complies with the student's individualized
education program or behavior intervention plan.
(d-3) Nothing in Subsection (d-1) or (d-2) may be construed
to prohibit a teacher from removing a student from class under
Section 37.002.
(d-4) 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.