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NY A06213
Bill
Status
4/3/2023
Primary Sponsor
Kimberly Jean-Pierre
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AI Summary
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Prohibits corporal punishment and aversive interventions against all students in schools, with no exceptions allowed through individualized education programs (IEPs) or parental waivers.
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Bans chemical restraints, mechanical restraints, and seclusion practices entirely; permits physical restraint only when student behavior presents imminent risk of bodily harm and meets ten specific standards including use of minimal force and non-interference with breathing or communication.
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Requires schools to notify parents or legal guardians on the same day physical restraint is applied, timeout is used, or prohibited discipline is administered; mandates recording of notification attempts when parents cannot be reached.
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Directs the Department of Education to promulgate regulations requiring uniform data collection on physical restraint use by school with demographic information (age, gender, race, ethnicity, disability) and to issue annual reports analyzing usage trends.
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Requires school safety plans to include policies and procedures for responding to students experiencing mental health crises without contacting law enforcement unless there is an implied or direct threat of violence or criminal activity.
Legislative Description
Prohibits the use of certain restraints and aversive interventions against students; includes policies and procedures for responding to students who have mental health crises in school safety plans; provides that no student shall be subjected to chemical restraints, mechanical restraints, or seclusion on school property; requires the board of education or trustees of each public school and school district to develop a procedure to notify the parent or legal guardian of a student on the same day a physical restraint is applied on such student, such student is placed in a time out room, or such student is subjected to a prohibited form of discipline.
Last Action
referred to education
1/3/2024