Bill Text: TX HB3630 | 2019-2020 | 86th Legislature | Enrolled
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-Enrolled.html
| H.B. No. 3630 | ||
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| relating to prohibiting the use of certain aversive techniques on | ||
| students enrolled in public schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 37, Education Code, is | ||
| amended by adding Section 37.0023 to read as follows: | ||
| Sec. 37.0023. PROHIBITED AVERSIVE TECHNIQUES. (a) In this | ||
| section, "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 required 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 (c), deprives | ||
| the student of the use of one or more of the student's senses. | ||
| (b) A school district or 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. | ||
| (c) Notwithstanding Subsection (a)(13), an aversive | ||
| technique described by Subsection (a)(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) Nothing in this section may be construed to prohibit a | ||
| teacher from removing a student from class under Section 37.002. | ||
| (e) 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 (b). | ||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3630 was passed by the House on May 3, | ||
| 2019, by the following vote: Yeas 141, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3630 on May 24, 2019, by the following vote: Yeas 139, Nays 0, | ||
| 3 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3630 was passed by the Senate, with | ||
| amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
