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A05011 Summary:

BILL NOA05011
 
SAME ASNo Same As
 
SPONSORMcDonough
 
COSPNSRDeStefano, Gibbs
 
MLTSPNSRMorinello
 
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 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5011
 
SPONSOR: McDonough
  TITLE OF BILL: An act to amend the education law, in relation to prohibiting the use of corporal punishment in an educational setting and defines corporal punishment   PURPOSE: The purpose of this bill is to amend Section 1125 of the education law by adding subdivisions to define "corporal punishment", "aversive inter- vention", "time out room", and "child abuse".   SUMMARY OF PROVISIONS: Section 1 of the bill adds three new subdivisions 11, 12, and 13 to Section 1125 of the education law to define "corporal punishment", "aversive intervention", and "time out room". The bill also adds poli- cies and procedures to be used regarding the use of the time out room and guidelines for the physical spaced used as a time out room. This bill requires Subdivision 1 of section 1125 of the education law, to add "corporal punishment as defined in this section" to the defi- nition of "child abuse".   JUSTIFICATION: A recent investigation found that each school day, thousands of students throughout the United States, most often children with disabilities, are placed in physical restraints or confined in closet-like seclusion rooms at school. Parents don't always know their own child is subjected to these interventions, oversight is lacking, and abuses and discrimination occur. New York State corporal punishment in state education regulations does not apply to all schools Presently, public schools and charter ,schools must report all corporal punishment incidents to the state education department twice a year. However, private schools and non- public schools do not have to report their cases to the New York State Education Department. This legislation would amend the education law in relation to prohibiting the use of corporal punishment in an educational setting and defines corporal punishment, thereby, protecting our most vulnerable students.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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