STATE OF NEW YORK
________________________________________________________________________
5010--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. LAVINE, AUBRY, BURGOS, REYES, DeSTEFANO -- read
once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to prohibiting corporal
punishment in schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1125 of the education law, as
2 added by chapter 180 of the laws of 2000, is amended to read as follows:
3 1. "Child abuse" shall mean any of the following acts committed in an
4 educational setting by an employee or volunteer against a child: (a)
5 intentionally or recklessly inflicting physical injury, serious physical
6 injury or death, or (b) intentionally or recklessly engaging in conduct
7 which creates a substantial risk of such physical injury, serious phys-
8 ical injury or death, or (c) any child sexual abuse as defined in this
9 section, or (d) the commission or attempted commission against a child
10 of the crime of disseminating indecent materials to minors pursuant to
11 article two hundred thirty-five of the penal law, or (e) using corporal
12 punishment as defined by the commissioner.
13 § 2. Section 305 of the education law is amended by adding a new
14 subdivision 60 to read as follows:
15 60. The commissioner shall promulgate rules and regulations prohibit-
16 ing a teacher, administrator, officer, employee or agent of any school
17 within the state from using corporal punishment.
18 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08939-04-3
