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A03311 Summary:

BILL NOA03311
 
SAME ASNo Same As
 
SPONSORSolages
 
COSPNSRGonzalez-Rojas, Gallagher
 
MLTSPNSR
 
Add Title 1 Art 2-A §§20 - 31, amd §4402, Ed L
 
Implements a state-wide plan to prevent and reduce the use of seclusion and physical restraint in schools; prohibits the use of seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing on students; authorizes annual appropriations to provide grants to school districts; and provides for more rapid notice to parents if restraints or seclusion is used on a student.
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A03311 Actions:

BILL NOA03311
 
02/02/2023referred to education
01/03/2024referred to education
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A03311 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3311
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the education law, in relation to prohibiting the use of restraints and seclusion in schools; and to providing for more rapid notice to parents if restraints or seclusion is used   PURPOSE: The Keeping All New York Students Safe Act will make schools safer for students and teachers by prohibiting chemical and mechanical restraints, significantly restricting physical restraints, strengthening the laws barring seclusion, and mandating rapid communication with parents or guardians in the event that a restraint or a "time out" was used on their child   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends title 1 of the education law by adding article 2-a. Section 2. Amends subdivision 9 of section 4402 of the education law, as added by chapter 516 of the laws of 2022. Section 3. The severability clause. Section 4. Sets the effective date.   JUSTIFICATION: A healthy and safe learning environment is crucial for a child's emotional and physical well being. However, thousands of students across New York State face trauma and risk of physical injury and death due to the lack of regulations for the use of restraint and seclusion. Federal data has shown that reports of the number of students subjected to phys- ical restraints in New York school districts have been generally increasing since the 2013-14 school year, not including during the peri- od of school closures due to COVID-19. In the 2017-18 school year, an alarming 1 out of every 1,000 public school students has been physically restrained. There is no mandated data collection on how often restraint or seclusion is used on students in New York, and recent news reports have discovered that some students are secluded every day, some for hours at a time. The practice of physical and mechanical restraint, and seclusion put students at risk of physical injury and are traumatic experiences, as some are physically restrained to chairs for long periods of time or secluded in empty rooms without adult supervision. Oftentimes, these tactics are used in response to property damage, general disruption, and noncompliance. Further, restraint and seclusion tactics are disproportionately used on students of color and students with disabilities. Some New York schools for students with disabilities reported some of the highest counts of physical restraints on students in the entire nation. Moreover, federal data indicates that 27 percent of students physically restrained in New York were Black, despite Black students making up only 17 percent of enrollment. Shockingly, 85 percent of physically restrained students had disabilities, although they only account for 17 percent of public school enrollment. Some students that are restrained are nonverbal and are unable to express pain or an inability to breathe. Parents or guardians are often informed well after the restraint or seclusion has taken place. A lack of notification by schools further leave caregivers in the dark, and unable to properly respond to their child's needs. In 2021, a coalition of 17 Attorneys General sent a letter urging Congress to pass legislation to significantly restrict the use of restraint and seclusion in US schools. Further, recent longitudinal studies have shown that replacing restraint and seclusion with trauma- informed de-escalation techniques can lead to reduced injuries for students and staff, reduced costs, and an increase in positive behav- ioral outcomes. Instead of being met with de-escalation or additional resources, thou- sands of students in New York State are missing out on vital instruc- tional time, social interaction with peers, and are facing outright abuse and trauma. This legislation seeks to make schools safer for students and teachers by prohibiting chemical and mechanical restraints, significantly restricting physical restraints, strengthening the laws barring seclusion, and mandating rapid communication with parents or guardians in the event of restraint or seclusion being used on their child. These measures will ensure that schools across New York State are safe and thriving environments for all students.   RACIAL JUSTICE IMPACT: Black and Latino students are far more likely to be restrained at school. The likelihood of a Black or Latino student being restrained is even higher if they are a student with disabilities. For example, feder- al data indicates that between 2017-2018, 27 percent of students phys- ically restrained in New York were Black, despite Black students making up only 17 percent of enrollment. This disproportionate harm further cements the school-to-prison pipe- line, and amounts to adverse childhood experiences (ACEs) that harm young people in their earliest stages of development. There have been numerous tragedies in our state related to restraint and seclusion. We must work to ensure that there are no more tragedies in our schools.   GENDER JUSTICE IMPACT: TBD.   FISCAL IMPLICATIONS: TBD.   EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date upon which it shall have become a law.
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A03311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3311
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education law, in relation to prohibiting the use of
          restraints and seclusion in schools; and to providing for  more  rapid
          notice to parents if restraints or seclusion is used

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Title 1 of the education law is amended  by  adding  a  new
     2  article 2-A to read as follows:
     3                                  ARTICLE 2-A
     4                   PROHIBITIONS ON RESTRAINT AND SECLUSION
     5  Section 20. Legislative intent.
     6          21. Short title.
     7          22. Definitions.
     8          23. Prohibitions on restraint and seclusion.
     9          24. Program requirements.
    10          25. Enforcement.
    11          26. Private right of action.
    12          27. Grants.
    13          28. Assessment and reporting.
    14          29. Protection and advocacy systems.
    15          30. Construction.
    16          31. Applicability to private schools and home schools.
    17    § 20. Legislative intent. It is the policy of the state of New York to
    18  promote  safety and prevent harm to all students, staff, and visitors in
    19  the public schools and to treat all school  students  with  dignity  and
    20  respect  in  the  delivery  of discipline, use of physical restraints or
    21  seclusion, and use of reasonable force as permitted by law.
    22    To accomplish such policy, it is the intention of the  legislature  to
    23  provide school staff with clear guidelines about what constitutes use of
    24  reasonable  force  permissible  in  New  York  schools  with the goal of
    25  improving student achievement,  attendance,  promotion,  and  graduation
    26  rates  by employing positive behavioral interventions to address student
    27  behavior in a positive and safe manner while promoting the retention  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03884-01-3

        A. 3311                             2
 
     1  valuable  teachers  and  other school personnel by providing appropriate
     2  training in prescribed procedures, which address student behavior  in  a
     3  positive and safe manner.
     4    § 21. Short title. This article shall be known and may be cited as the
     5  "Keeping All New York Students Safe Act".
     6    § 22. Definitions. As used in this article:
     7    1.  "Chemical  restraint" means a drug or medication used on a student
     8  to control behavior or restrict freedom of movement that is not:
     9    (a) prescribed by a licensed  physician,  or  other  qualified  health
    10  professional  acting  under  the  scope  of the professional's authority
    11  under state law, for the standard treatment of a  student's  medical  or
    12  psychiatric condition; and
    13    (b)  administered  as  prescribed  by  the licensed physician or other
    14  qualified health professional acting under  the  scope  of  the  profes-
    15  sional's authority under state law.
    16    2. "Commissioner" means the commissioner of education.
    17    3.  "Early childhood education program", "educational service agency",
    18  "elementary school", "local educational agency", "other  staff",  "para-
    19  professional",  "parent", "school leader", "secondary school", "special-
    20  ized instructional support personnel", "state", and  "state  educational
    21  agency" have the meanings given the terms in section 8101 of the Elemen-
    22  tary and Secondary Education Act of 1965 (20 U.S.C. 7801).
    23    4.  "Head  Start  program"  means  a  program that serves children who
    24  receive services for which financial assistance is provided  in  accord-
    25  ance with the Head Start Act (42 U.S.C. 9831 et seq.).
    26    5. "Law enforcement officer" means any person who:
    27    (a) (i) is a state or local law enforcement officer; and
    28    (ii) is assigned by the employing law enforcement agency to a program,
    29  who is contracting with a program, or who is employed by a program; and
 
    30    (b)  includes  a  "school  resource  officer" if such person meets the
    31  definition in paragraph (a) of this subdivision.
    32    6. "Mechanical restraint" means the use  of  devices  as  a  means  of
    33  restricting a student's freedom of movement.
    34    7.  "Physical  escort"  means the temporary touching or holding of the
    35  hand, wrist, arm, shoulder, or  back  for  the  purpose  of  inducing  a
    36  student who is acting out to walk to a safe location.
    37    8.  "Physical restraint" means a personal restriction that immobilizes
    38  or reduces the ability of an individual to move the  individual's  arms,
    39  legs,  torso,  or  head freely, except that such term does not include a
    40  physical escort, mechanical restraint, or chemical restraint.
    41    9."Positive behavioral interventions and supports":
    42    (a) means a schoolwide, systematic approach that embeds evidence-based
    43  practices and data-driven decision making to improve school climate  and
    44  culture  in  order  to achieve improved academic and social outcomes and
    45  increase learning for all students (including  students  with  the  most
    46  complex and intensive behavioral needs); and
    47    (b) encompasses a range of systemic and individualized positive strat-
    48  egies to teach and reinforce school-expected behaviors, while discourag-
    49  ing and diminishing undesirable behaviors.
    50    10. "Program" means:
    51    (a)  all  of  the  operations of a local educational agency, system of
    52  vocational education, or other school system;
    53    (b) a program that serves children  who  receive  services  for  which
    54  financial  assistance  is provided in accordance with the Head Start Act
    55  (42 U.S.C. 9831 et seq.); or

        A. 3311                             3
 
     1    (c) an elementary school or secondary school  that  is  not  a  public
     2  school that enrolls a student who receives special education and related
     3  services  under  the  Individuals  with  Disabilities  Education Act (20
     4  U.S.C. 1400 et seq.).
     5    11.  "Program  personnel"  means  any agent of a program, including an
     6  individual who is employed by a program, or who performs services for  a
     7  program  on  a  contractual  basis,  including school leaders, teachers,
     8  specialized instructional support personnel, paraprofessionals and other
     9  staff. "Program personnel" does not include a law enforcement officer or
    10  a school security guard.
    11    12. "Protection and advocacy system" means a protection  and  advocacy
    12  system  established  under section 143 of the Developmental Disabilities
    13  Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
    14    13. "School" means an elementary school, secondary school, or  special
    15  education school.
    16    14. "School security guard" means an individual who is not a sworn law
    17  enforcement officer and who is responsible for addressing one or more of
    18  the  following  safety  and  crime prevention activities in and around a
    19  program:
    20    (a) Assisting program personnel in safety incidents.
    21    (b) Educating students in crime and illegal drug  use  prevention  and
    22  safety.
    23    (c)   Developing   or  expanding  community  justice  initiatives  for
    24  students.
    25    (d) Training students in conflict resolution and  supporting  restora-
    26  tive justice programs.
    27    (e)  Serving  as  a  liaison between the program and outside agencies,
    28  including other law enforcement agencies.
    29    (f) Screening students or  visitors  to  the  program  for  prohibited
    30  items.
    31    15.  "Seclusion"  means the involuntary confinement of a student alone
    32  in a room or area from which the student is  physically  prevented  from
    33  leaving, except that such term does not include a time out.
    34    16.  "Special  education school" means a school that focuses primarily
    35  on serving the needs of students with disabilities under the Individuals
    36  with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section  504
    37  of the Rehabilitation Act of 1973 (29 U.S.C. 794).
    38    17.  "State-approved  crisis  intervention  training  program" means a
    39  training program approved  by  the  commissioner  that,  at  a  minimum,
    40  provides:
    41    (a) training in evidence-based techniques shown to be effective in the
    42  prevention of physical restraint;
    43    (b)  evidence-based  skills  training  related  to positive behavioral
    44  interventions and supports, safe physical escort,  conflict  prevention,
    45  understanding antecedents, deescalation, and conflict management;
    46    (c)  training  in  evidence-based  techniques shown to be effective in
    47  keeping both school personnel and students safe when  imposing  physical
    48  restraint;
    49    (d) training in first aid and cardiopulmonary resuscitation;
    50    (e)  information  describing  state  policies and procedures to ensure
    51  compliance with section twenty-three of this article; and
    52    (f) certification for school personnel, law enforcement officers,  and
    53  school  security  guards in the techniques and skills described in para-
    54  graphs (a) through (d) of this subdivision, which shall be  required  to
    55  be renewed on a periodic basis.
    56    18. "Student" includes:

        A. 3311                             4
 
     1    (a) a student enrolled in a program; and
     2    (b) a student enrolled in an elementary school or secondary school.
     3    19.  "Time out" means a behavior management technique that may involve
     4  the separation of the student from the group  or  classroom  in  a  non-
     5  locked  setting.   "Time out" does not include seclusion or a separation
     6  of the student from  which  such  student  is  physically  or  otherwise
     7  prohibited from leaving.
     8    §  23. Prohibitions on restraint and seclusion. 1. No student shall be
     9  subjected to unlawful seclusion or restraint by program personnel, a law
    10  enforcement officer, or a school security  guard,  while  attending  any
    11  program that receives state financial assistance.
    12    2.  (a)  As  used  in  this  article "unlawful seclusion or restraint"
    13  means:
    14    (i) seclusion;
    15    (ii) mechanical restraint;
    16    (iii) chemical restraint;
    17    (iv) physical restraint or physical escort that is  life  threatening,
    18  that  restricts  breathing,  or  that restricts blood flow to the brain,
    19  including prone and supine restraint;
    20    (v) physical restraint that is contraindicated based on the  student's
    21  disability,  health  care needs, or medical or psychiatric condition, as
    22  documented in:
    23    (A) a health care directive or medical management plan;
    24    (B) a behavior intervention plan;
    25    (C) an individualized education program or  an  individualized  family
    26  service plan (as defined in section 602 of the Individuals with Disabil-
    27  ities Education Act (20 U.S.C. 1401));
    28    (D) a plan developed pursuant to section 504 of the Rehabilitation Act
    29  of  1973 (29 U.S.C.  794) or title II of the Americans with Disabilities
    30  Act of 1990 (42 U.S.C. 12131 et seq.); or
    31    (E) another relevant record made available to the state or the program
    32  involved; or
    33    (F) any  physical  restraint  that  is  not  in  compliance  with  the
    34  student's health care directive or medical management plan.
    35    (b) "Unlawful seclusion or restraint" does not include:
    36    (i) a time out; or
    37    (ii)  a device implemented by trained school personnel, or utilized by
    38  a student, for the specific and approved therapeutic or safety  purposes
    39  for  which  such  devices  were designed and, if applicable, prescribed,
    40  provided that such devices are not used to purposefully cause a  student
    41  pain as a means of behavioral modification, including:
    42    (A) restraints for medical immobilization;
    43    (B)  adaptive  devices  or  mechanical supports used to achieve proper
    44  body position, balance, or alignment to allow greater freedom of mobili-
    45  ty than would be possible without the use of such devices or  mechanical
    46  supports; or
    47    (C)  vehicle safety restraints when used as intended during the trans-
    48  port of a student in a moving vehicle.
    49    § 24. Program requirements. The commissioner shall  ensure  that  each
    50  program  that  receives  state  financial  assistance  complies with the
    51  following requirements:
    52    1. The use of physical restraint by any program  personnel,  a  school
    53  security  guard,  or  a  law  enforcement officer shall be considered in
    54  compliance with the requirements of this subsection only if each of  the
    55  following requirements are met:

        A. 3311                             5

     1    (a)  The  student's behavior poses an imminent danger of serious phys-
     2  ical injury to the student, program personnel, a school security  guard,
     3  a law enforcement officer, or another individual.
     4    (b)  Before  using  physical restraint, less restrictive interventions
     5  would be ineffective in stopping such imminent danger of  serious  phys-
     6  ical injury.
     7    (c) Such physical restraint is imposed by:
     8    (i)  program  personnel, a school security guard, or a law enforcement
     9  officer trained and certified by a  state-approved  crisis  intervention
    10  training program; or
    11    (ii)  program personnel, a school security guard, or a law enforcement
    12  officer not trained and certified as described in  subparagraph  (i)  of
    13  this  paragraph, in the case of a rare and clearly unavoidable emergency
    14  circumstance when program personnel, a school security guard, or  a  law
    15  enforcement  officer  trained and certified as described in subparagraph
    16  (i) of this paragraph is not immediately available due to the unforesee-
    17  able nature of the emergency circumstance.
    18    (d) Such physical restraint ends immediately upon the cessation of the
    19  imminent danger of serious physical injury to the student,  any  program
    20  personnel, a school security guard, a law enforcement officer, or anoth-
    21  er individual.
    22    (e) The physical restraint does not interfere with the student's abil-
    23  ity  to communicate in the student's primary language or primary mode of
    24  communication.
    25    (f) During the physical restraint, the least amount of force necessary
    26  is used to protect the student or others from the threatened injury.
    27    2. The commissioner, in consultation with program  officials  and  the
    28  Head  Start Collaboration Program, shall ensure that a sufficient number
    29  of program personnel are trained and certified by a crisis  intervention
    30  training  program  approved by the commissioner to meet the needs of the
    31  specific student population in each program.
    32    3. The use of physical restraint as a planned intervention  shall  not
    33  be  written  into  a  student's  education plan, individual safety plan,
    34  behavioral intervention plan, or individualized  education  program  (as
    35  defined  in  section  602 of the Individuals with Disabilities Education
    36  Act (20 U.S.C. 1401)), except that a program may establish policies  and
    37  procedures  for  use  of  physical restraint in program safety or crisis
    38  plans, provided that such a plan  is  not  specific  to  any  individual
    39  student.
    40    4.  Each  program  shall  establish procedures to be followed after an
    41  incident involving the imposition of physical restraint upon a  student,
    42  which shall include each of the following:
    43    (a)  Procedures  to provide to the parent of the student, with respect
    44  to such incident:
    45    (i) an immediate verbal or electronic communication,  as  soon  as  is
    46  practicable and not later than two hours after the incident; and
    47    (ii)  written  notification,  as soon as is practicable, and not later
    48  than twenty-four hours after the incident that shall include,  at  mini-
    49  mum:
    50    (A) a description of the incident, including precipitating events;
    51    (B) positive interventions used prior to restraint;
    52    (C) the length of time of restraint; and
    53    (D)  a  description  of  the serious physical injury of the student or
    54  others that occurred or was about to occur that necessitated the use  of
    55  restraint.

        A. 3311                             6
 
     1    (b)  A meeting between parents of the student and the program, as soon
     2  as is practicable, and not later than five  school  days  following  the
     3  incident  (unless such meeting is delayed by written mutual agreement of
     4  the parent and the program):
     5    (i) which meeting shall include, at a minimum:
     6    (A) the parent of such student;
     7    (B) the student involved (if appropriate);
     8    (C) the program personnel, law enforcement officer, or school security
     9  guard who imposed the restraint;
    10    (D) a teacher of such student;
    11    (E) a program leader of such student; and
    12    (F)  an  expert on behavior interventions, who may be a special educa-
    13  tion teacher;
    14    (ii) the purpose of  which  shall  be  to  discuss  the  incident,  as
    15  described by both the student and the program personnel, law enforcement
    16  officer, or school security guard involved, including:
    17    (A) any precipitating events;
    18    (B) how the incident occurred; and
    19    (C) prior positive behavioral interventions and supports used to dees-
    20  calate the situation; and
    21    (iii) which meeting shall include:
    22    (A)  the discussion of proactive strategies to prevent future need for
    23  the use of physical restraint;
    24    (B)(1) for a student identified as eligible to receive  accommodations
    25  under  section  504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or
    26  title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131
    27  et seq.), or accommodations or special  education  or  related  services
    28  under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
    29  seq.),  a  discussion of the need for a functional behavioral assessment
    30  and a behavior intervention plan; or
    31    (2) for a student not identified as eligible to receive accommodations
    32  under the provisions of law  described  in  item  one  of  this  clause,
    33  evidence  of  a referral for such accommodations or special education or
    34  related services, or documentation of the basis for  declining  to  make
    35  such a referral for the student; and
    36    (C)  providing  to  the  parent, for use during the meeting, a written
    37  statement from each adult witness  who  was  in  the  proximity  of  the
    38  student   immediately  before  and  during  the  time  of  the  physical
    39  restraint, but was not directly involved in such restraint.
    40    § 25. Enforcement. 1. The commissioner shall  address  any  complaints
    41  alleging  a  violation  of  section  twenty-three of this article for an
    42  appropriate investigation.
    43    2. The commissioner may withhold up to one-half of  all  state  moneys
    44  from  any  program,  which,  in his or her judgment, willfully omits and
    45  refuses to enforce the provisions of this article, after due notice,  so
    46  often  and so long as such willful omission and refusal shall, in his or
    47  her judgment, occur, or continue. If the provisions of this article  are
    48  complied  with  at  any time within one year from the date on which said
    49  moneys were withheld, the money so withheld shall be paid  over  by  the
    50  commissioner to such program, otherwise forfeited to the state.
    51    §  26. Private right of action. 1. A student who has been subjected to
    52  unlawful seclusion or restraint in violation of section twenty-three  of
    53  this  article,  or  the  parent of such student, may file a civil action
    54  against the program  under  which  the  violation  is  alleged  to  have
    55  occurred  in  an  appropriate  district court of the United States or in

        A. 3311                             7
 
     1  state court for declaratory judgment,  injunctive  relief,  compensatory
     2  relief, attorneys' fees, or expert fees.
     3    2. Program personnel shall not be liable to any person in a proceeding
     4  described  in  subdivision  one  of  this  section  or in an arbitration
     5  proceeding for a violation of section twenty-three of this article.
     6    3. No program shall be immune under  the  Eleventh  Amendment  of  the
     7  Constitution  of  the  United States from suit in Federal or state court
     8  for a violation of subsection (a) of this section.
     9    § 27. Grants. 1. (a) From the amounts appropriated to carry  out  this
    10  section for a fiscal year, the commissioner shall award grants to school
    11  districts  with  an  application  approved under subdivision two of this
    12  section, on the basis of their relative need,  as  determined  with  the
    13  commissioner  in  accordance  with paragraph (b) of this subdivision, to
    14  assist the school districts in:
    15    (i) establishing, implementing, and enforcing the policies and  proce-
    16  dures that ensure compliance with section twenty-three of this article;
    17    (ii)  improving  state  and local capacity to collect and analyze data
    18  related to physical restraint; and
    19    (iii) improving school climate and culture by implementing  schoolwide
    20  positive  behavioral interventions and supports, mental health supports,
    21  restorative justice  programs,  trauma-informed  care,  and  crisis  and
    22  de-escalation interventions.
    23    (b)  In determining the relative need of a school district under para-
    24  graph (a) of this section, the commissioner shall consider:
    25    (i) the physical restraint and seclusion incidents that occurred at  a
    26  school  served  by the school district for the most recent academic year
    27  for which data is available;
    28    (ii) the capacity needs of the school district to collect and  analyze
    29  the  data described in subparagraph (ii) of paragraph (a) of this subdi-
    30  vision; and
    31    (iii) whether the school district has been carrying out the activities
    32  described in subparagraph (iii) of paragraph  (a)  of  this  subdivision
    33  and, if so, how the activities are being implemented.
    34    (c) A grant under this section shall be awarded to a state educational
    35  agency for a three-year period.
    36    2.  (a)  To  be  eligible  to receive a grant under this section, each
    37  school district desiring a grant shall  submit  an  application  to  the
    38  commissioner  at  such  time,  in  such  manner, and accompanied by such
    39  information as the commissioner may require.
    40    (b) Each application submitted under paragraph (a) of this subdivision
    41  shall include:
    42    (i) the total number of incidents  in  which  physical  restraint  was
    43  imposed upon students for the most recent school year;
    44    (ii) the total number of incidents in which seclusion was imposed upon
    45  students for the most recent school year;
    46    (iii)  a description of the school district's data collection policies
    47  and procedures;
    48    (iv) a description of crisis intervention or prevention trainings used
    49  in the school district to  prevent  or  reduce  physical  restraint  and
    50  seclusion (if applicable);
    51    (v)  a  description  of  school  district initiatives regarding school
    52  climate and culture (if applicable), such as schoolwide positive  behav-
    53  ioral  interventions  and  supports, mental health supports, restorative
    54  justice programs, trauma-informed care,  and  crisis  and  de-escalation
    55  interventions;

        A. 3311                             8
 
     1    (vi)  a description of activities to be funded under the grant and the
     2  goals of such activities, including how the  activities  will  eliminate
     3  seclusion and reduce and prevent physical restraint; and
     4    (vii) a description of how the activities under the grant will coordi-
     5  nate  and  align  with  current  federal,  state,  and  local  policies,
     6  programs, or activities  regarding  seclusion  and  physical  restraint,
     7  crisis intervention, and school climate or culture.
     8    3. A school district receiving a grant under this section may use such
     9  grant  funds  to award subgrants, in the manner determined by the school
    10  district, to local schools within the school district. A school desiring
    11  to receive a subgrant under this section shall submit an application  to
    12  the  applicable  school  district  at  such  time,  in  such manner, and
    13  containing such information as the school district may require.
    14    4. A school district receiving funds under this section  shall  ensure
    15  that  educators  working  in  an  early  childhood education program, as
    16  defined in section 103 of the Higher Education Act of  1965  (20  U.S.C.
    17  1003), may participate, to the extent practicable, on an equitable basis
    18  in  activities  supported  by subgrant funds under this section that are
    19  trainings on developmentally appropriate practices for meeting the needs
    20  of young children.
    21    5. A school district receiving funds under this section  shall,  after
    22  timely and meaningful consultation with appropriate private school offi-
    23  cials, ensure that private school personnel may participate, on an equi-
    24  table basis, in activities supported by grant funds under this section.
    25    6.  A  school  district  receiving  a  grant,  or a school receiving a
    26  subgrant, under this section shall use such grant or subgrant  funds  to
    27  carry out the following:
    28    (a)  Establishing  and  implementing  policies  to prohibit seclusion,
    29  mechanical restraint, chemical restraint, and other forms of  prohibited
    30  restraint in schools, consistent with section twenty-three of this arti-
    31  cle.
    32    (b)  Implementing  and evaluating strategies and procedures to prevent
    33  seclusion and to prevent  and  reduce  physical  restraint  in  schools,
    34  consistent with such policies.
    35    (c)  Providing  professional  development, training, and certification
    36  for school personnel to comply with such policies.
    37    (d) Analyzing the information included in a report prepared under this
    38  section to identify student, school personnel, and school needs  related
    39  to preventing seclusion, and preventing and reducing the use of physical
    40  restraint.
    41    (e)  Providing training to school security guards and, as appropriate,
    42  school personnel, on how to comply with education and civil rights laws,
    43  including the Individuals with Disabilities  Education  Act  (20  U.S.C.
    44  1400 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C.
    45  12101  et  seq.),  when  interacting  with  students  with disabilities,
    46  including, when conducting disciplinary actions involving students  with
    47  disabilities.
    48    7. In addition to the required activities described in subdivision six
    49  of  this  section,  a  school  district  receiving  a grant, or a school
    50  receiving a subgrant, under this section may use such grant or  subgrant
    51  funds for one or more of the following:
    52    (a)  Developing and implementing high-quality professional development
    53  and training programs to implement evidence-based systematic  approaches
    54  to  schoolwide positive behavioral interventions and supports, including
    55  improving coaching, facilitation, and training capacity for  administra-

        A. 3311                             9
 
     1  tors,   school  leaders,  teachers,  specialized  instructional  support
     2  personnel, paraprofessionals, and other staff.
     3    (b) Providing technical assistance to implement evidence-based system-
     4  atic  approaches  to  schoolwide  positive  behavioral interventions and
     5  supports, including technical assistance for data-driven decision making
     6  related to behavioral supports and interventions in the classroom.
     7    (c) Researching, evaluating, and disseminating high-quality  evidence-
     8  based  programs and activities that implement schoolwide positive behav-
     9  ioral interventions and supports with fidelity.
    10    (d) Supporting  other  local  positive  behavioral  interventions  and
    11  supports implementation activities consistent with this subsection.
    12    (e)  Developing,  implementing,  and providing technical assistance to
    13  support evidence-based programs that reduce the likelihood  of  physical
    14  restraint, such as mental health supports, restorative justice programs,
    15  trauma-informed care, and crisis and de-escalation interventions.
    16    8. Each school district receiving a grant under this section shall, at
    17  the end of the three-year grant period for such grant:
    18    (a)  evaluate the school district's progress toward the elimination of
    19  seclusion and the prevention and reduction of physical restraint in  the
    20  schools  located in the school district, consistent with section twenty-
    21  three of this article;
    22    (b) submit to the commissioner a report on such progress; and
    23    (c) publish such report on the school district's website in an  acces-
    24  sible format.
    25    9.  The commissioner shall include in the department's annual budget a
    26  request for an appropriation of such sums as may be necessary  to  carry
    27  out this section for each fiscal year commencing on and after the effec-
    28  tive date of this section.
    29    §  28. Assessment and reporting. 1. The commissioner shall carry out a
    30  national assessment to determine  the  effectiveness  of  this  article,
    31  which shall include:
    32    (a)  analyzing  data  related  to  incidents  of physical restraint in
    33  schools and programs that serve children who receive services for  which
    34  financial  assistance  is provided in accordance with the Head Start Act
    35  (42 U.S.C. 9831 et seq.) (referred to  in  this  title  as  "Head  Start
    36  programs");
    37    (b)  analyzing the effectiveness of state, and local efforts to elimi-
    38  nate seclusion and prevent and reduce the number of  physical  restraint
    39  incidents in schools and Head Start programs;
    40    (c)  identifying  the  types of programs and services that have demon-
    41  strated the greatest effectiveness in eliminating and preventing  seclu-
    42  sion  and preventing and reducing the number of physical restraint inci-
    43  dents in schools and Head Start programs; and
    44    (d) identifying evidence-based personnel training models  with  demon-
    45  strated  success in preventing seclusion and preventing and reducing the
    46  number of  physical  restraint  incidents  in  schools  and  Head  Start
    47  programs,  including  models  that  emphasize positive behavioral inter-
    48  ventions and supports and de-escalation techniques over physical  inter-
    49  vention.
    50    2. The commissioner shall submit to the legislature and the governor:
    51    (a) not later than three years after the date of the effective date of
    52  this article, an interim report that summarizes the preliminary findings
    53  of the assessment described in subdivision one of this section; and
    54    (b)  not later than five years after the date of the effective date of
    55  this article, a final report of the findings of the assessment.

        A. 3311                            10
 
     1    § 29. Protection and advocacy systems. 1. In a case in which  physical
     2  injury  or  death  of  a  student or of a child enrolled in a Head Start
     3  program occurs in conjunction with the  use  of  seclusion  or  physical
     4  restraint  or  any  intervention used to control behavior at a school or
     5  Head  Start program, the local educational agency serving such school or
     6  the agency administering a Head Start program under the Head  Start  Act
     7  (42 U.S.C. 9801 et seq.)  shall have procedures to:
     8    (a)  notify,  in  writing, not later than twenty-four hours after such
     9  injury or death occurs:
    10    (i) the department;
    11    (ii) the local law enforcement agency; and
    12    (iii) the relevant protection and advocacy system; and
    13    (b) provide any information that the protection  and  advocacy  system
    14  may require.
    15    2. Protection and advocacy systems shall have the same authorities and
    16  rights  provided  under subtitle C of title I of the Developmental Disa-
    17  bilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.  15041  et
    18  seq.)  with  respect  to  protections  provided for students or children
    19  enrolled in Head Start programs under this article when such students or
    20  children are otherwise eligible to be  clients  of  the  protection  and
    21  advocacy system, including investigating, monitoring, and enforcing such
    22  protections.
    23    §  30.  Construction.  Subject to section twenty-four of this article,
    24  nothing in this article shall be  construed  to  prohibit  a  sworn  law
    25  enforcement  officer  with  probable  cause from arresting a student for
    26  violating a federal or state criminal law.
    27    § 31. Applicability to private schools and home schools. 1.    Nothing
    28  in  this  article  shall  be construed to affect any private school that
    29  does not receive, or does not serve students who receive, support in any
    30  form from any program or activity supported, in whole or in  part,  with
    31  state funds.
    32    2. Nothing in this article shall be construed to:
    33    (a) affect a home school, whether or not a home school is treated as a
    34  private school or home school under state law; or
    35    (b)  consider  parents  who  are  schooling a child at home as program
    36  personnel.
    37    § 2. Subdivision 9 of section 4402 of the education law, as  added  by
    38  chapter 516 of the laws of 2022, is amended to read as follows:
    39    9.  The  board  of education or trustees of each school district shall
    40  develop a procedure to notify the parent or person in parental  relation
    41  of a student with a disability [on the same day] within two hours of the
    42  time  when a physical or mechanical restraint is applied on such student
    43  or such student is placed in a time out room. When the student's  parent
    44  or  person  in  parental  relation  cannot be contacted after reasonable
    45  attempts are made, the principal shall record and report  such  attempts
    46  to the committee on special education.
    47    §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
    48  section or part of this act shall be adjudged by any court of  competent
    49  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    50  invalidate the remainder thereof, but shall be confined in its operation
    51  to the clause, sentence, paragraph, subdivision, section or part thereof
    52  directly involved in the controversy in which such judgment  shall  have
    53  been rendered. It is hereby declared to be the intent of the legislature
    54  that  this  act  would have been enacted even if such invalid provisions
    55  had not been included herein.

        A. 3311                            11
 
     1    § 4. This act shall take effect on the first of July  next  succeeding
     2  the date upon which it shall have become a law.
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