Bill Text: TX SB712 | 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) 2019-06-10 - Effective immediately [SB712 Detail]

Download: Texas-2019-SB712-Enrolled.html
 
 
  S.B. No. 712
 
 
 
 
AN ACT
  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, 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 discomfort or pain; 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 hereby certify that S.B. No. 712 passed the Senate on
  May 3, 2019, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 25, 2019, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 712 passed the House, with
  amendment, on May 22, 2019, by the following vote: Yeas 135,
  Nays 9, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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