S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6878

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2013
                               ___________

Introduced by M. of A. BARRON -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to prohibiting the use of
  handcuffs  on  students with a documented mental, physical or develop-
  mental disability in a public school located in a city  with  a  popu-
  lation of a million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3214-a
to read as follows:
  S 3214-A. HANDCUFFS PROHIBITED; STUDENTS WITH DISABILITIES.  1.  IN  A
PUBLIC  SCHOOL LOCATED IN A CITY WITH A POPULATION OF A MILLION OR MORE,
THE USE OF HANDCUFFS ON A STUDENT WHO IS TWELVE YEARS  OLD  OR  YOUNGER,
AND  WHO  HAS  AN  INDIVIDUALIZED  EDUCATION  PROGRAM  OR  OTHER FORM OF
DOCUMENTATION CITING A PHYSICAL OR MENTAL HEALTH CONDITION OR  PHYSICAL,
MENTAL OR DEVELOPMENTAL DISABILITY, SHALL BE PROHIBITED AS A RESPONSE TO
PROPERTY DESTRUCTION, DISRUPTION OF SCHOOL ORDER, A STUDENT'S REFUSAL TO
COMPLY  WITH  A  SCHOOL RULE OR DIRECTIVE, OR VERBAL THREATS THAT DO NOT
CONSTITUTE A THREAT OF IMMINENT, SERIOUS PHYSICAL HARM.
  2. IN THE EVENT THAT SUCH  STUDENT  IS  INVOLVED  IN  AN  INCIDENT  OR
DISTURBANCE,  AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE PRIN-
CIPAL OR A SCHOOL ADMINISTRATOR SHALL IMMEDIATELY CONTACT THE  STUDENT'S
PARENT OR PARENTS, GUARDIAN OR GUARDIANS OR COUNSELOR.
  3.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE ANY SCHOOL
PERSONNEL OF A PUBLIC SCHOOL FROM  USING  REASONABLE  FORCE  TO  PROTECT
STUDENTS,  OTHER PERSONS OR THEMSELVES FROM ASSAULT OR IMMINENT, SERIOUS
PHYSICAL HARM.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD08001-01-3