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