NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5010A
SPONSOR: Lavine TITLE OF BILL:
An act to amend the education law, in relation to prohibiting corporal
punishment in schools
PURPOSE:
To prohibit corporal punishment in schools
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 1125 of the education law, added by
chapter 180 of the laws of 2000, is amended to include using corporal
punishment as defined by the commissioner to the definition of Child
Abuse.
Section 2. Section 305 of the education law is amended by adding a new
subdivision 60 to read: the commissioner shall promulgate rules and
regulations prohibiting a teacher, administrator, officer, employee or
agent of any school within the state from using corporal punishment.
Section 2. Effective Date. This act shall take effect immediately.
JUSTIFICATION:
Currently, corporal punishment is legal in private schools in every
state except for Iowa and New Jersey. Corporal punishment is the use of
physical force to cause pain or harm to someone accused of breaking a
law or rule. In schools in the United States, forms of corporal punish-
ment include spanking or slapping, hitting with weapons such as paddles,
rulers, or belts, and forcing students to perform physically painful
activities such as crawling over rough terrain or excessive running.
Every two years, the US Department of Education asks every public school
in the country to report on the number of students it has physically
punished during the previous year. Analysis of this data shows that
males, young persons of color and students diagnosed with a disability
are disproportionately more likely to be the victims of this abuse by
their teachers and school administrators.
Recently, there has been reputable press accounts of private schools in
NY that are engaging in corporal punishment. Corporal punishment
violates student rights to safety, bodily integrity, due process, and
the right to be free from cruel and unusual punishment. Corporal punish-
ment is not only physically hurtful, but it can also cause emotional
damage, humiliation, and shame. It often leads to academic disengage-
ment, higher dropout rates, and impairs academic progress. This legis-
lation will require the commissioner of education to promulgate rules
and regulations prohibiting a teacher, administrator, officer, employee
or agent of any school within the state from using corporal punishment.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
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
