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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 aversive techniques on |
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students enrolled in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0023 to read as follows: |
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Sec. 37.0023. PROHIBITED AVERSIVE TECHNIQUES. (a) In this |
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section, "aversive technique" means a technique or intervention |
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that is intended to reduce the likelihood of a behavior reoccurring |
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by intentionally inflicting on a student significant physical or |
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emotional discomfort or pain. The term includes a technique or |
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intervention that: |
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(1) is designed to or likely to cause physical pain, |
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other than an intervention or technique permitted under Section |
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37.0011; |
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(2) notwithstanding Section 37.0011, is designed to or |
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likely to cause physical pain through the use of electric shock or |
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any procedure that involves the use of pressure points or joint |
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locks; |
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(3) involves the directed release of a noxious, toxic, |
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or otherwise unpleasant spray, mist, or substance near the |
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student's face; |
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(4) denies adequate sleep, air, food, water, shelter, |
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bedding, physical comfort, or access to a restroom facility; |
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(5) involves directly ridiculing or demeaning the |
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student or subjecting the student to verbal abuse or that can be |
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expected to cause the student emotional trauma; |
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(6) employs a device, material, or object that |
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simultaneously immobilizes all four extremities, including any |
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procedure that results in such immobilization known as prone or |
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supine floor restraint; |
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(7) impairs the student's breathing, including any |
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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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(8) restricts the student's circulation; |
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(9) secures the student to a stationary object while |
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the student is in a sitting or standing position; |
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(10) inhibits, reduces, or hinders the student's |
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ability to communicate; |
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(11) involves the use of a chemical restraint; |
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(12) constitutes a use of timeout that precludes the |
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student from being able to be involved in and progress |
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appropriately in the required curriculum and, if applicable, toward |
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the annual goals included in the student's individualized education |
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program, including isolating the student by the use of physical |
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barriers; or |
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(13) except as provided by Subsection (c), deprives |
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the student of the use of one or more of the student's senses. |
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(b) A school district or school district employee or |
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volunteer or an independent contractor of a school district may not |
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apply an aversive technique, or by authorization, order, or |
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consent, cause an aversive technique to be applied, to a student. |
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(c) Notwithstanding Subsection (a)(13), an aversive |
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technique described by Subsection (a)(13) may be used if the |
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technique is executed in a manner that: |
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(1) does not cause the student pain or discomfort; or |
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(2) complies with the student's individualized |
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education program or behavior intervention plan. |
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(d) Nothing in this section may be construed to prohibit a |
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teacher from removing a student from class under Section 37.002. |
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(e) 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 (b). |
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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. |
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