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.
