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A05011 Summary:

COSPNSRDeStefano, Gibbs
Amd 1125, Ed L
Prohibits the use of corporal punishment in schools; defines corporal punishment to include prohibiting the use of aversive interventions and time out rooms.
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A05011 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 27, 2023
        Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
          Committee on Education
        AN ACT to amend the education law, in relation to prohibiting the use of
          corporal punishment in an educational  setting  and  defines  corporal
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1125 of the education  law  is  amended  by  adding
     2  three new subdivisions 11, 12 and 13 to read as follows:
     3    11.  "Corporal punishment" shall mean any act of physical force upon a
     4  pupil for the purpose of punishing that  pupil,  including  the  use  of
     5  aversive  interventions  and  time  out rooms, except in accordance with
     6  subdivision thirteen of this  section.  Corporal  punishment  shall  not
     7  include  the use of reasonable physical force to: (a) protect oneself or
     8  another pupil, teacher, or other person from  physical  injury;  (b)  to
     9  protect the property of the school, school district or others; or (c) to
    10  restrain or remove a pupil whose behavior is interfering with the order-
    11  ly  exercise  and  performance  of  school or school district functions,
    12  powers and duties if such pupil has refused to comply with a request  to
    13  refrain from further disruptive acts.
    14    12.  "Aversive  intervention"  shall  mean  an  intervention  that  is
    15  intended to induce pain or discomfort to a student for  the  purpose  of
    16  eliminating  or  reducing  maladaptive  behaviors, including such inter-
    17  ventions as: (a) contingent application of noxious,  painful,  intrusive
    18  stimuli  or  activities;  (b)  any form of noxious, painful or intrusive
    19  spray, inhalant or tastes; (c) contingent food programs that include the
    20  denial or delay of the provision  of  meals  or  intentionally  altering
    21  staple food or drink in order to make it distasteful; (d) movement limi-
    22  tation  used  as  a punishment, including but not limited to helmets and
    23  mechanical restraint devices; or (e) other stimuli or actions similar to
    24  the interventions described herein.  Provided,  however,  that  aversive
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5011                             2
     1  intervention  shall  not  include:  voice control, limited to loud, firm
     2  commands; time-limited ignoring of a specific behavior; token  fines  as
     3  part  of  a token economy system; brief physical prompts to interrupt or
     4  prevent  a  specific behavior; interventions medically necessary for the
     5  treatment or protection of the student; or other similar interventions.
     6    13. "Time out room" shall mean an area for a student to safely deesca-
     7  late, regain control and prepare to meet expectations to return  to  his
     8  or  her education program. Except for unanticipated situations that pose
     9  an immediate concern for the physical safety of  a  student  or  others,
    10  time  out  rooms  shall  only  be  used in conjunction with a behavioral
    11  intervention plan that is designed to teach  and  reinforce  alternative
    12  appropriate behaviors.
    13    (a)  Each  school  which uses a time out room shall establish policies
    14  and procedures on the use of the time out  room  and  such  policies  or
    15  procedures shall, at a minimum, include:
    16    (i)  prohibiting  placing  a student in a locked room or space or in a
    17  room where the student cannot be continuously observed and supervised;
    18    (ii) factors which may precipitate the use of the time out room;
    19    (iii) time limitations for the use of the time out room;
    20    (iv) staff training on the policies and procedures related to the  use
    21  of the time out room;
    22    (v)  data  collection  to monitor the effectiveness of the use of time
    23  out rooms; and
    24    (vi) information to be provided to parents,  including  a  requirement
    25  that parents be given an opportunity to see the physical space that will
    26  be used as a time out room prior to placing a student in such room.
    27    (b)  Time  out  rooms  shall  be  unlocked, able to be opened from the
    28  inside, and staff shall be assigned to continuously monitor the  student
    29  in the time out room. The physical space used as a time out room shall:
    30    (i)  provide  a means for continuous visual and auditory monitoring of
    31  the student and be of adequate width, length and  height  to  allow  the
    32  student to move about and recline comfortably;
    33    (ii)  have  wall and floor coverings designed to prevent injury to the
    34  student and have adequate lighting and ventilation;
    35    (iii) have a temperature within the normal comfort range and  consist-
    36  ent with the rest of the building;
    37    (iv)  be  clean  and free of objects and fixtures that could be poten-
    38  tially dangerous to a student; and
    39    (v) meet all local fire and safety codes.
    40    § 2.  Subdivision 1 of section 1125 of the education law, as added  by
    41  chapter 180 of the laws of 2000, is amended to read as follows:
    42    1.  "Child abuse" shall mean any of the following acts committed in an
    43  educational setting by an employee or volunteer  against  a  child:  (a)
    44  intentionally or recklessly inflicting physical injury, serious physical
    45  injury  or death, or (b) intentionally or recklessly engaging in conduct
    46  which creates a substantial risk of such physical injury, serious  phys-
    47  ical  injury  or death, or (c) any child sexual abuse as defined in this
    48  section, or (d) the commission or attempted commission against  a  child
    49  of  the  crime of disseminating indecent materials to minors pursuant to
    50  article two hundred thirty-five  of  the  penal  law;  or  (e)  corporal
    51  punishment as defined in this section.
    52    § 3. This act shall take effect immediately.
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