Assembly Bill A8540

Signed By Governor
2021-2022 Legislative Session

Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A8540 - Details

See Senate Version of this Bill:
S7548
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L

2021-A8540 - Summary

Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used.

2021-A8540 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8540
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in  relation  to  requiring  same-day
   notification  of  a  parent or guardian of a student with a disability
   where certain behavioral interventions are used

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4402 of the education law is amended by adding a
 new subdivision 9 to read as follows:
   9. (A) EACH SCHOOL DISTRICT SHALL DEVELOP PROCEDURES  REQUIRING  THAT,
 WHERE  A  METHOD  OF  SECLUSION OR RESTRAINT IS USED ON A STUDENT WITH A
 DISABILITY AS A BEHAVIORAL INTERVENTION, SUCH STUDENT'S PARENT OR GUARD-
 IAN SHALL BE NOTIFIED OF SUCH BEHAVIORAL INTERVENTION  WITHIN  THE  SAME
 DAY SUCH BEHAVIORAL INTERVENTION IS USED. WHERE SUCH STUDENT'S PARENT OR
 GUARDIAN  CANNOT  BE  CONTACTED AFTER REASONABLE ATTEMPTS ARE MADE, SUCH
 ATTEMPTS TO CONTACT SUCH STUDENT'S PARENT OR GUARDIAN SHALL BE  RECORDED
 AND  REPORTED  TO  THE  BOARD  OF  EDUCATION  OR  TRUSTEES OF THE SCHOOL
 DISTRICT.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "SECLUSION"  MEANS USE OF AN AREA FOR A STUDENT TO SAFELY DEESCA-
 LATE, REGAIN CONTROL AND PREPARE TO MEET EXPECTATIONS TO RETURN  TO  HIS
 OR  HER EDUCATION PROGRAM, IN ACCORDANCE WITH SUBDIVISION (C) OF 8 NYCRR
 § 200.22.
   (II) "RESTRAINT" MEANS A PHYSICAL  OR  MECHANICAL  RESTRAINT  USED  AS
 PERMITTED BY THE COMMISSIONER AS AN EMERGENCY BEHAVIORAL INTERVENTION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13143-01-1

co-Sponsors

2021-A8540A (ACTIVE) - Details

See Senate Version of this Bill:
S7548
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L

2021-A8540A (ACTIVE) - Summary

Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used.

2021-A8540A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8540--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Education -- recommitted  to  the  Committee  on  Education  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the education law, in relation to requiring same-day
   notification of a parent or person in parental relation of  a  student
   with a disability where certain behavioral interventions are used
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4402 of the education law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9.  THE  BOARD  OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT SHALL
 DEVELOP A PROCEDURE TO NOTIFY THE PARENT OR PERSON IN PARENTAL  RELATION
 OF  A STUDENT WITH A DISABILITY ON THE SAME DAY A PHYSICAL OR MECHANICAL
 RESTRAINT IS APPLIED ON SUCH STUDENT OR SUCH STUDENT IS PLACED IN A TIME
 OUT ROOM.   WHEN THE STUDENT'S PARENT OR  PERSON  IN  PARENTAL  RELATION
 CANNOT  BE  CONTACTED  AFTER REASONABLE ATTEMPTS ARE MADE, THE PRINCIPAL
 SHALL RECORD AND REPORT SUCH ATTEMPTS TO THE COMMITTEE ON SPECIAL EDUCA-
 TION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13143-04-2

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