Bill Text: TX SB712 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
86R33691 MEW-D | ||
By: Lucio | S.B. No. 712 | |
(Meyer, González of El Paso, Shaheen, et al.) | ||
Substitute the following for S.B. No. 712: No. |
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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, 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. |