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A05010 Summary:

BILL NOA05010A
 
SAME ASSAME AS S05261-A
 
SPONSORLavine
 
COSPNSRAubry, Burgos, Reyes, DeStefano, Bichotte Hermelyn, De Los Santos, Sayegh, Gonzalez-Rojas, Burdick, Epstein, Cunningham, Bores, Simone, Weprin, Kelles, Hevesi, Raga, McDonough, Brown K
 
MLTSPNSR
 
Amd §§1125 & 305, Ed L
 
Prohibits the use of corporal punishment, as defined by the commissioner of education, in schools.
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A05010 Actions:

BILL NOA05010A
 
02/27/2023referred to education
03/22/2023amend and recommit to education
03/22/2023print number 5010a
03/29/2023reported referred to codes
04/17/2023reported
04/20/2023advanced to third reading cal.140
04/26/2023passed assembly
04/26/2023delivered to senate
04/26/2023REFERRED TO EDUCATION
06/06/2023SUBSTITUTED FOR S5261A
06/06/20233RD READING CAL.1493
06/06/2023PASSED SENATE
06/06/2023RETURNED TO ASSEMBLY
10/13/2023delivered to governor
10/25/2023signed chap.551
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A05010 Memo:

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.
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