Amend HB 3630 (house committee printing) as follows:
(1) On page 1, line 7, strike "and (d-3)" and substitute "(d-3), and (d-4)".
(2) Strike page 1, line 10, and substitute the following:
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:
(3) On page 1, between lines 10 and 11, insert the following new subdivision and renumber subsequent subdivisions of that subsection accordingly:
(1) is designed to or likely to cause physical pain, other than an intervention or technique permitted under Section 37.0011;
(4) On page 1, lines 11-12, strike "an intervention that is designed to or likely to cause physical pain, including" and substitute "notwithstanding Section 37.0011, is designed to or likely to cause physical pain through the use of".
(5) Strike "an intervention that" in the following places it appears:
(A) On page 1, line 14;
(B) On page 1, line 17;
(C) On page 2, line 3;
(D) On page 2, line 10;
(E) On page 2, line 12;
(F) On page 2, line 15; and
(G) On page 2, line 17.
(6) On page 1, line 18, between "comfort," and "or", insert "supervision,".
(7) On page 1, strike lines 20-22 and substitute the following:
(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;
(8) On page 1, line 23, strike "a restrictive intervention that".
(9) On page 2, strike lines 19-21 and substitute the following:
(12) constitutes a use of timeout that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student's individualized education program, including isolating the student by the
(10) On page 2, line 23, strike "(12) an intervention that" and substitute "(13) except as provided by Subsection (d-2),".
(11) Strike page 2, line 25, through page 3, line 1, and substitute the following:
(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.
(12) On page 3, line 2, strike "(d-3)" and substitute "(d-4)".