HB 3630

Status: Sent to governor
Author: Rep. Morgan Meyer 
Sponsor: Sen. Eddie Lucio Jr.
Summary: Prohibits the use of aversive techniques — techniques or interventions intended to address behavior by intentionally inflicting significant physical or emotional discomfort or pain — on students.

The term includes a technique or intervention that:

  • is designed or likely to cause physical pain (it does not include allowed corporal punishment)
  • is likely to cause pain through the use of electric shock or any procedure that involves the use of pressure points or joint locks
  • involves the release of a noxious, toxic or otherwise unpleasant spray, mist, or substance near the student's face
  • denies adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a restroom
  • ridicules or demeans the student in a manner that adversely affects learning or mental health or constitutes verbal abuse
  • employs a device, material or object that immobilizes all four extremities, including prone or supine floor restraint
  • impairs breathing
  • restricts circulation
  • secures the student to a stationary object while sitting or standing
  • inhibits, reduces or hinders the student's ability to communicate
  • involves chemical restraint
  • constitutes a use of timeout that precludes the student from progressing appropriately in the curriculum and annual goals in the IEP, including physically isolating the student
  • deprives the student of one or more senses (except that this can be done if it does not cause the student pain or discomfort or it complies with the students IEP or BIP)

A district employee, volunteer or independent contractor cannot use, order, consent to or cause an aversive technique to be used on a student.

Clarifies that this law does not prohibit a teacher from removing a student from class under current discipline laws.

In adopting procedures related to this statute, the commissioner of education must provide guidance to employees/volunteers/contractors on how to avoid a violation of this law. 

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