| 1 | 1 | | 87R1662 BDP-F |
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| 2 | 2 | | By: González of El Paso H.B. No. 1163 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the use of certain restraints on students |
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| 8 | 8 | | enrolled in public schools who receive special education services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 37.0021(d), Education Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (d) The commissioner by rule shall adopt procedures for the |
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| 13 | 13 | | use of restraint and time-out by a school district employee or |
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| 14 | 14 | | volunteer or an independent contractor of a district in the case of |
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| 15 | 15 | | a student with a disability receiving special education services |
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| 16 | 16 | | under Subchapter A, Chapter 29. A procedure adopted under this |
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| 17 | 17 | | subsection must: |
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| 18 | 18 | | (1) be consistent with: |
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| 19 | 19 | | (A) professionally accepted practices and |
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| 20 | 20 | | standards of student discipline and techniques for behavior |
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| 21 | 21 | | management; and |
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| 22 | 22 | | (B) relevant health and safety standards; [and] |
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| 23 | 23 | | (2) identify any discipline management practice or |
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| 24 | 24 | | behavior management technique that requires a district employee or |
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| 25 | 25 | | volunteer or an independent contractor of a district to be trained |
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| 26 | 26 | | before using that practice or technique; and |
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| 27 | 27 | | (3) prohibit a district employee or volunteer or an |
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| 28 | 28 | | independent contractor of a district from: |
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| 29 | 29 | | (A) using any variation of a floor or ground |
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| 30 | 30 | | restraint or other technique that results in immobilization of the |
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| 31 | 31 | | student in a prone or supine position; and |
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| 32 | 32 | | (B) fully taking a student down to the floor or |
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| 33 | 33 | | ground, except when necessary to assist a student with a health |
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| 34 | 34 | | emergency. |
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| 35 | 35 | | SECTION 2. Section 37.0023(b), Education Code, is amended |
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| 36 | 36 | | to read as follows: |
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| 37 | 37 | | (b) A school district or school district employee or |
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| 38 | 38 | | volunteer or an independent contractor of a school district may not |
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| 39 | 39 | | apply an aversive technique, or by authorization, order, or |
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| 40 | 40 | | consent, cause an aversive technique to be applied, to a student. |
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| 41 | 41 | | Nothing in this section authorizes the use of a restraint |
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| 42 | 42 | | prohibited by Section 37.0021(d) by a district employee or |
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| 43 | 43 | | volunteer or an independent contractor of a district on a student |
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| 44 | 44 | | with a disability receiving special education services under |
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| 45 | 45 | | Subchapter A, Chapter 29. |
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| 46 | 46 | | SECTION 3. This Act applies beginning with the 2021-2022 |
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| 47 | 47 | | school year. |
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| 48 | 48 | | SECTION 4. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2021. |
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