87R1662 BDP-F
By: González of El Paso H.B. No. 1163
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of certain restraints on students
enrolled in public schools who receive special education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0021(d), Education Code, is amended
to read as follows:
(d) The commissioner by rule shall adopt procedures for the
use of restraint and time-out by a school district employee or
volunteer or an independent contractor of a district in the case of
a student with a disability receiving special education services
under Subchapter A, Chapter 29. A procedure adopted under this
subsection must:
(1) be consistent with:
(A) professionally accepted practices and
standards of student discipline and techniques for behavior
management; and
(B) relevant health and safety standards; [and]
(2) identify any discipline management practice or
behavior management technique that requires a district employee or
volunteer or an independent contractor of a district to be trained
before using that practice or technique; and
(3) prohibit a district employee or volunteer or an
independent contractor of a district from:
(A) using any variation of a floor or ground
restraint or other technique that results in immobilization of the
student in a prone or supine position; and
(B) fully taking a student down to the floor or
ground, except when necessary to assist a student with a health
emergency.
SECTION 2. Section 37.0023(b), Education Code, is amended
to read as follows:
(b) A school district or 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.
Nothing in this section authorizes the use of a restraint
prohibited by Section 37.0021(d) by a district employee or
volunteer or an independent contractor of a district on a student
with a disability receiving special education services under
Subchapter A, Chapter 29.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
SECTION 4. 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, 2021.