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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of certain behavioral interventions |
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on students enrolled in public school who receive special education |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0021, Education Code, is amended by |
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adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d-1) A school district or a school district employee or |
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volunteer or an independent contractor of a school district may not |
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authorize, order, consent to, or pay for any of the following: |
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(1) an intervention that is designed to or likely to |
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cause physical pain, including electric shock or any procedure that |
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involves the use of pressure points or joint locks; |
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(2) an intervention that involves the directed release |
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of a noxious, toxic, or otherwise unpleasant spray, mist, or |
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substance near the student's face; |
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(3) an intervention that denies adequate sleep, air, |
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food, water, shelter, bedding, physical comfort, or access to a |
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restroom facility; |
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(4) an intervention that involves subjecting the |
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student to verbal abuse, ridicule, or humiliation or that can be |
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expected to cause the student emotional trauma; |
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(5) a restrictive intervention that employs a device, |
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material, or object that simultaneously immobilizes all four |
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extremities, including any procedure that results in such |
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immobilization known as prone or supine floor restraint; |
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(6) an intervention that impairs the student's |
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breathing, including any procedure that involves: |
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(A) applying pressure to the student's torso or |
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neck; or |
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(B) obstructing the student's airway, including |
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placing an object in, on, or over the student's mouth or nose or |
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placing a bag, cover, or mask over the student's face; |
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(7) an intervention that restricts the student's |
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circulation; |
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(8) an intervention that secures the student to a |
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stationary object while the student is in a sitting or standing |
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position; |
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(9) an intervention that inhibits, reduces, or hinders |
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the student's ability to communicate; |
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(10) an intervention that involves the use of a |
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chemical restraint; |
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(11) an intervention that prevents observation by a |
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direct line of sight or otherwise precludes adequate supervision of |
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the student, including isolating the student in a classroom by the |
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use of physical barriers; or |
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(12) an intervention that deprives the student of the |
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use of one or more of the student's senses. |
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(d-2) For purposes of Subsection (d-1)(11), an intervention |
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that denies the student academic instruction by a certified |
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educator constitutes an intervention that precludes adequate |
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supervision. |
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(d-3) In adopting procedures under this section, the |
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commissioner shall provide guidance to school district employees, |
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volunteers, and independent contractors of school districts in |
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avoiding a violation of Subsection (d-1). |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |