Bill Text: TX HB3630 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to prohibiting the use of certain aversive techniques on students enrolled in public schools.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2019-06-14 - Effective immediately [HB3630 Detail]
Download: Texas-2019-HB3630-Engrossed.html
Bill Title: Relating to prohibiting the use of certain aversive techniques on students enrolled in public schools.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2019-06-14 - Effective immediately [HB3630 Detail]
Download: Texas-2019-HB3630-Engrossed.html
By: Meyer, González of El Paso, Shaheen, | H.B. No. 3630 | |
et al. |
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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. |