Prohibits the use of corporal punishment in an educational setting; defines corporal punishment as an act of physical force upon a pupil for the purpose of punishing the pupil.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5337
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the education law, in relation to prohibiting corporal
punishment in educational settings
PURPOSE OR GENERAL IDEA OF BILL:
This bill defines and prohibits corporal punishment in schools in New
York.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the education law to define corporal punishment.
Section two amends the education law to prohibit corporal punishment.
Section three is the effective date.
JUSTIFICATION:
Corporal punishment is an inhumane and counterproductive form of disci-
pline and has no place in New York's educational settings. The United
States is only one of three developed nations to permit corporal punish-
ment in educational settings, alongside Singapore and Australia; it is
banned by 128 other nations. Scientific studies have shown that students
exposed to corporal punishment exhibit lower test scores and increased
chances of behavioral disorders, experience more feelings of inadequacy
and resentment, may be more aggressive and violent, and demonstrate
reduced problem-solving abilities, social competence and academic
achievement.
The regulations of the Board of Regents (8 NYCRR § 19.5) already define
and prohibit corporal punishment in public schools in New York. This
bill would codify the Board of Regents' definition in statute and-to the
extent there is any lack of clarity as to the prohibition's application
to private schools or other educational settings-explicitly extend the
prohibition on corporal punishment to all private and public educational
settings.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
5337
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to prohibiting corporal
punishment in educational settings
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 a
2 new subdivision 11 to read as follows:
3 11. "Corporal punishment" shall mean any act of physical force upon a
4 pupil, however light, for the purpose of punishing such pupil or modify-
5 ing undesirable behavior. Corporal punishment shall not mean the use of
6 reasonable physical force for any of the following purposes, provided
7 that alternative procedures and methods not involving the use of phys-
8 ical force cannot reasonably be employed to achieve such purposes: (a)
9 to protect oneself from physical injury; (b) to protect another pupil or
10 teacher or any other person from physical injury; (c) to protect the
11 property of the school or of others; or (d) to restrain or remove a
12 pupil whose behavior is interfering with the orderly exercise and
13 performance of school district functions, powers or duties if such pupil
14 has refused to comply with a request to refrain from further disruptive
15 acts.
16 § 2. The education law is amended by adding a new section 1135 to read
17 as follows:
18 § 1135. Prohibition of corporal punishment. No teacher, administrator,
19 officer, employee or agent of a school, educational setting, nursery
20 school, preschool, or kindergarten in this state shall use corporal
21 punishment against a pupil.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09841-02-3
