BILL NUMBER: S7548

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

To amend the education law, in relation to requiring same-day notifica-
tion of a parent or guardian of a student with a disability where
certain behavioral interventions are used

 
SUMMARY OF PROVISIONS:

Section 4402 of the education law is amended by adding a new subsection
requiring each school district shall develop procedures requiring that
when the behavioral interventions of seclusion or restraint is used on a
student with a disability such student's parent or guardian shall be
notified of such behavioral intervention within the same day such behav-
              

ioral intervention is used.

 
JUSTIFICATION:

Many parents and guardians of school age kids are able to ask their
children, "how was school?" at the end school and workday. However,
there is a population of disabled children who are either non-verbal or
severely limited in their ability to communicate.

For some of these children behavioral techniques such as restraint holds
or the use of seclusion rules are part of their individualized education
program (IEP) as a means of preventing students from hurting themselves,
other children or even school staff members.  These decisions around the
use of restraints and/or seclusion are made in conjunction with parents
during special education IEP meetings.

Unfortunately, there have been documented instances of the use of
restraints and seclusion on children without parents being notified
within the same day or even within weeks of the event.

Timely notification to a parent or guardian when restraints and/or
seclusion techniques are used, particularly when the children themselves
have difficulty communicating, is vital to the wellbeing of a student.
Children who have behavioral and developmental difficulties need
emotional support of a parent and/or guardian. The stress of being
restrained or having a "time out" using seclusion can have physical
and/or emotional manifestations resulting from these behavioral tech-
niques even when they are used appropriately to protect the child.

Informing a parent or guardian the same day when seclusion or restraints
are used enable them to provide meaningful comfort and care to their
child. This bill seeks to address the problem of parents not being
informed in a timely manner when seclusion or restraints are used.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.