86R1844 MEW-D
  By: Lucio S.B. No. 712
  relating to prohibiting the use of certain behavioral interventions
  on students enrolled in public school who receive special education
         SECTION 1.  Section 37.0021, Education Code, is amended by
  adding Subsections (d-1), (d-2), and (d-3) 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
  authorize, order, consent to, or pay for any of the following:
               (1)  an intervention that is designed to or likely to
  cause physical pain, including electric shock or any procedure that
  involves the use of pressure points or joint locks;
               (2)  an intervention that involves the directed release
  of a noxious, toxic, or otherwise unpleasant spray, mist, or
  substance near the student's face;
               (3)  an intervention that denies adequate sleep, air,
  food, water, shelter, bedding, physical comfort, or access to a
  restroom facility;
               (4)  an intervention that involves subjecting the
  student to verbal abuse, ridicule, or humiliation or that can be
  expected to cause the student emotional trauma;
               (5)  a restrictive intervention that 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;
               (6)  an intervention that 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;
               (7)  an intervention that restricts the student's
               (8)  an intervention that secures the student to a
  stationary object while the student is in a sitting or standing
               (9)  an intervention that inhibits, reduces, or hinders
  the student's ability to communicate;
               (10)  an intervention that involves the use of a
  chemical restraint;
               (11)  an intervention that prevents observation by a
  direct line of sight or otherwise precludes adequate supervision of
  the student, including isolating the student in a classroom by the
  use of physical barriers; or
               (12)  an intervention that deprives the student of the
  use of one or more of the student's senses.
         (d-2)  For purposes of Subsection (d-1)(11), an intervention
  that denies the student academic instruction by a certified
  educator constitutes an intervention that precludes adequate
         (d-3)  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.