S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10644
 
                           I N  A S S E M B L Y
 
                               July 22, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  prohibiting  certain
   punishments and interventions in schools
 
   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 article 2-A to
 read as follows:
                                ARTICLE 2-A
           PROHIBITION OF CERTAIN PUNISHMENTS AND INTERVENTIONS
 SECTION 20. PURPOSE OF ARTICLE.
         21. DEFINITIONS.
         22. PROHIBITION OF CERTAIN PUNISHMENTS AND INTERVENTIONS.
         23. AUTHORIZED LIMITED USE OF TIMEOUTS AND PHYSICAL RESTRAINTS.
         24. ANNUAL REPORTING.
         25. PRIVATE RIGHT OF ACTION.
   § 20. PURPOSE OF ARTICLE. THE PURPOSE OF  THIS  ARTICLE  SHALL  BE  TO
 ESTABLISH  UNIFORM  GUIDELINES THAT PROHIBIT THE USE OF CORPORAL PUNISH-
 MENT, CHEMICAL RESTRAINTS, AVERSIVE INTERVENTIONS, AND SECLUSION AND  TO
 AUTHORIZE  LIMITED  USE  OF TIMEOUT AND PHYSICAL RESTRAINT IN SCHOOLS TO
 ADDRESS STUDENT BEHAVIORS.
   § 21. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  (A) "AVERSIVE INTERVENTION" MEANS AN INTERVENTION THAT IS INTENDED
 TO INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR  REDUCING
 STUDENT BEHAVIOR, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   (I)  CONTINGENT  APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE STIMULI OR
 ACTIVITIES, OR STRANGLING, SHOVING, DEEP MUSCLE SQUEEZES, OR OTHER STIM-
 ULI;
   (II) ANY FORM OF NOXIOUS, PAINFUL  OR  INTRUSIVE  SPRAY,  INHALANT  OR
 TASTES;
   (III) CONTINGENT FOOD PROGRAMS THAT INCLUDE THE DENIAL OR DELAY OF THE
 PROVISION  OF  MEALS  OR  INTENTIONALLY ALTERING STAPLE FOOD OR DRINK IN
 ORDER TO MAKE IT DISTASTEFUL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13821-02-4
 A. 10644                            2
 
   (IV) MOVEMENT LIMITATION USED AS  A  PUNISHMENT,  INCLUDING,  BUT  NOT
 LIMITED TO, HELMETS AND MECHANICAL RESTRAINTS;
   (V) CHEMICAL RESTRAINTS; OR
   (VI) OTHER SIMILAR STIMULI OR ACTIONS.
   (B)  THE  TERM "AVERSIVE INTERVENTION" SHALL NOT INCLUDE INTERVENTIONS
 SUCH AS VOICE CONTROL, LIMITED  TO  LOUD,  FIRM  COMMANDS;  TIME-LIMITED
 IGNORING  OF A SPECIFIC BEHAVIOR; TOKEN FINES AS PART OF A TOKEN ECONOMY
 SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT OR PREVENT A SPECIFIC BEHAV-
 IOR; INTERVENTIONS MEDICALLY NECESSARY FOR THE TREATMENT  OR  PROTECTION
 OF A STUDENT; OR OTHER SIMILAR INTERVENTIONS.
   2.  "CORPORAL  PUNISHMENT"  MEANS  ANY  ACT  OF  PHYSICAL FORCE UPON A
 STUDENT FOR THE PURPOSE OF PUNISHING SUCH STUDENT.
   3. "CHEMICAL RESTRAINT" MEANS A DRUG OR MEDICATION USED ON  A  STUDENT
 TO CONTROL BEHAVIOR OR RESTRICT FREEDOM OF MOVEMENT THAT IS NOT:
   (A)  PRESCRIBED  BY  A  LICENSED  PHYSICIAN, OR OTHER QUALIFIED HEALTH
 PROFESSIONAL ACTING UNDER THE  SCOPE  OF  THE  PROFESSIONAL'S  AUTHORITY
 UNDER  STATE  LAW,  FOR THE STANDARD TREATMENT OF A STUDENT'S MEDICAL OR
 PSYCHIATRIC CONDITION; AND
   (B) ADMINISTERED AS PRESCRIBED BY  THE  LICENSED  PHYSICIAN  OR  OTHER
 QUALIFIED  HEALTH  PROFESSIONAL  ACTING  UNDER  THE SCOPE OF THE PROFES-
 SIONAL'S AUTHORITY UNDER STATE LAW.
   4. "DE-ESCALATION" MEANS THE USE OF A  BEHAVIOR  MANAGEMENT  TECHNIQUE
 THAT  HELPS  A STUDENT INCREASE CONTROL OVER THEIR EMOTIONS AND BEHAVIOR
 AND RESULTS IN A REDUCTION OF A PRESENT OR POTENTIAL LEVEL OF DANGER  TO
 SUCH STUDENT OR OTHERS.
   5.  "MECHANICAL RESTRAINT" MEANS THE USE OF ANY DEVICE OR EQUIPMENT TO
 RESTRICT  A  STUDENT'S  FREEDOM  OF  MOVEMENT.  THE   TERM   "MECHANICAL
 RESTRAINT"  SHALL  NOT  INCLUDE  DEVICES  IMPLEMENTED  BY TRAINED SCHOOL
 PERSONNEL, OR UTILIZED BY A STUDENT, THAT HAVE  BEEN  PRESCRIBED  BY  AN
 APPROPRIATE  MEDICAL  OR  RELATED SERVICES PROFESSIONAL AND ARE USED FOR
 THE SPECIFIC AND APPROVED PURPOSES FOR WHICH SUCH DEVICES WERE DESIGNED,
 SUCH AS:
   (A) ADAPTIVE DEVICES OR MECHANICAL SUPPORTS  USED  TO  ACHIEVE  PROPER
 BODY POSITION, BALANCE, OR ALIGNMENT TO ALLOW GREATER FREEDOM OF MOBILI-
 TY  THAN WOULD BE POSSIBLE WITHOUT THE USE OF SUCH DEVICES OR MECHANICAL
 SUPPORTS;
   (B) VEHICLE SAFETY RESTRAINTS WHEN USED AS INTENDED DURING THE  TRANS-
 PORT OF A STUDENT IN A MOVING VEHICLE;
   (C) RESTRAINTS FOR MEDICAL IMMOBILIZATION; OR
   (D) ORTHOPEDICALLY PRESCRIBED DEVICES THAT PERMIT A STUDENT TO PARTIC-
 IPATE IN ACTIVITIES WITHOUT RISK OF HARM.
   6.  "MULTI-TIERED  SYSTEM OF SUPPORTS" MEANS A PROACTIVE AND PREVENTA-
 TIVE FRAMEWORK THAT UTILIZES DATA TO INFORM INSTRUCTION  AND  THE  ALLO-
 CATION  OF SERVICES TO MAXIMIZE ACHIEVEMENT FOR ALL STUDENTS AND SUPPORT
 STUDENTS' SOCIAL, EMOTIONAL  AND  BEHAVIORAL  NEEDS  FROM  A  CULTURALLY
 RESPONSIVE AND STRENGTH-BASED PERSPECTIVE.
   7.  "PHYSICAL ESCORT" MEANS A TEMPORARY, VOLUNTARY TOUCHING OR HOLDING
 OF THE HAND, WRIST, ARM, SHOULDER OR BACK TO INDUCE A STUDENT TO WALK TO
 A SAFE LOCATION.
   8. "PHYSICAL RESTRAINT" MEANS A PERSONAL RESTRICTION THAT  IMMOBILIZES
 OR  REDUCES  THE ABILITY OF A STUDENT TO MOVE THEIR ARMS, LEGS, BODY, OR
 HEAD FREELY. THE TERM "PHYSICAL RESTRAINT" SHALL NOT INCLUDE A  PHYSICAL
 ESCORT  OR  BRIEF PHYSICAL CONTACT AND/OR REDIRECTION TO PROMOTE STUDENT
 SAFETY, CALM OR COMFORT A STUDENT, PROMPT OR GUIDE A STUDENT WHEN TEACH-
 ING A SKILL OR ASSISTING A STUDENT IN COMPLETING A TASK,  OR  FOR  OTHER
 SIMILAR PURPOSES.
 A. 10644                            3
 
   9.  "PRONE RESTRAINT" MEANS PHYSICAL OR MECHANICAL RESTRAINT WHILE THE
 STUDENT IS IN THE FACE DOWN POSITION.
   10.  "SCHOOL"  MEANS  A  PUBLIC  SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, CHARTER SCHOOL, STATE-OPERATED AND STATE-SUPPORTED
 SCHOOL PURSUANT TO ARTICLES EIGHTY-FIVE, EIGHTY-SEVEN  AND  EIGHTY-EIGHT
 OF  THIS  CHAPTER, IN-STATE AND OUT-OF-STATE PRIVATE RESIDENTIAL OR NON-
 RESIDENTIAL SCHOOL FOR  THE  EDUCATION  OF  STUDENTS  WITH  DISABILITIES
 APPROVED  PURSUANT  TO  ARTICLE EIGHTY-NINE OF THIS CHAPTER OR OPERATING
 UNDER ARTICLE EIGHTY-ONE OF THIS CHAPTER, STATE-ADMINISTERED  PREKINDER-
 GARTEN  PROGRAM DIRECTLY OPERATED BY A SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, OR AN ELIGIBLE AGENCY,  AS  DEFINED  BY  THE
 COMMISSIONER,  OR OPERATED BY A SCHOOL DISTRICT IN COLLABORATION WITH AN
 ELIGIBLE AGENCY, PRESCHOOL SPECIAL EDUCATION PROGRAM  APPROVED  PURSUANT
 TO  SECTION  FORTY-FOUR  HUNDRED  TEN  OF  THIS  CHAPTER, AND REGISTERED
 NONPUBLIC NURSERY SCHOOL, KINDERGARTEN, AND HIGH SCHOOL, AND A NONPUBLIC
 SCHOOL SERVING GRADES ONE THROUGH  EIGHT  THAT  HAS  A  REGISTERED  HIGH
 SCHOOL,  IN  THIS  STATE.  SUCH  TERM AS USED IN THIS ARTICLE SHALL ALSO
 INCLUDE SCHOOL BUSES, AS DEFINED BY SECTION ONE HUNDRED FORTY-TWO OF THE
 VEHICLE AND TRAFFIC LAW.
   11. "SECLUSION" MEANS THE INVOLUNTARY CONFINEMENT OF A  STUDENT  ALONE
 IN  A  ROOM  OR SPACE THAT THEY ARE PHYSICALLY PREVENTED FROM LEAVING OR
 THEY MAY PERCEIVE THAT THEY CANNOT LEAVE AT WILL. THE  TERM  "SECLUSION"
 SHALL NOT INCLUDE TIMEOUT.
   12.  "TIMEOUT" MEANS A BEHAVIOR MANAGEMENT TECHNIQUE THAT INVOLVES THE
 MONITORED SEPARATION OF A STUDENT IN A NON-LOCKED  SETTING,  ACCOMPANIED
 BY  SCHOOL STAFF, WHERE THE STUDENT COMPLIES WITH A REQUEST TO LEAVE AND
 IS IMPLEMENTED FOR THE PURPOSE OF DE-ESCALATING, REGAINING CONTROL,  AND
 PREPARING  THE STUDENT TO MEET EXPECTATIONS TO RETURN TO THEIR EDUCATION
 PROGRAM IN ACCORDANCE WITH SECTION TWENTY-THREE  OF  THIS  ARTICLE.  THE
 TERM "TIMEOUT" SHALL NOT INCLUDE:
   (A)  A  STUDENT-INITIATED OR STUDENT-REQUESTED BREAK TO UTILIZE COPING
 SKILLS, SENSORY INPUT, OR SELF-REGULATION STRATEGIES;
   (B) USE OF A ROOM OR SPACE CONTAINING COPING TOOLS  OR  ACTIVITIES  TO
 ASSIST  A  STUDENT  TO CALM AND SELF-REGULATE, OR THE USE OF SUCH INTER-
 VENTION STRATEGIES CONSISTENT WITH A STUDENT WITH A DISABILITY'S  BEHAV-
 IORAL INTERVENTION PLAN AS DEFINED BY THE COMMISSIONER; OR
   (C)  A TEACHER REMOVAL, IN-SCHOOL SUSPENSION, OR ANY OTHER APPROPRIATE
 DISCIPLINARY ACTION.
   § 22. PROHIBITION OF CERTAIN  PUNISHMENTS  AND  INTERVENTIONS.  1.  NO
 TEACHER, ADMINISTRATOR, OFFICER, EMPLOYEE OR AGENT OF A SCHOOL SHALL USE
 THE FOLLOWING AGAINST A STUDENT:
   (A) CORPORAL PUNISHMENT;
   (B) AVERSIVE INTERVENTIONS; OR
   (C) SECLUSION.
   2.  FOR  PURPOSES  OF THIS SECTION THE TERM "AGENT" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SCHOOL RESOURCE OFFICERS, EXCEPT WHEN  A  STUDENT  IS
 UNDER  ARREST AND HANDCUFFS ARE NECESSARY FOR THE SAFETY OF SUCH STUDENT
 AND OTHERS.
   § 23. AUTHORIZED LIMITED USE OF TIMEOUTS AND PHYSICAL  RESTRAINTS.  1.
 MULTI-TIERED  SYSTEMS  OF  SUPPORTS.  POSITIVE, PROACTIVE, EVIDENCE- AND
 RESEARCH-BASED STRATEGIES THROUGH  A  MULTI-TIERED  SYSTEM  OF  SUPPORTS
 SHALL  BE USED TO REDUCE THE OCCURRENCE OF CHALLENGING BEHAVIORS, ELIMI-
 NATE THE NEED FOR THE USE OF TIMEOUT AND PHYSICAL RESTRAINT, AND IMPROVE
 SCHOOL CLIMATE AND THE SAFETY OF ALL STUDENTS.   PROBLEM-SOLVING  INTER-
 VENTIONS,  PROACTIVE, EVIDENCE- AND RESEARCH-BASED MODELS THAT ARE PROB-
 LEM-SOLVING FOCUSED AND WORK COLLABORATIVELY WITH THE STUDENT  SHALL  BE
 A. 10644                            4
 
 USED  TO  ELIMINATE  THE  NEED  FOR  THE  USE  OF  TIMEOUT  AND PHYSICAL
 RESTRAINT.   TIMEOUT AND PHYSICAL RESTRAINT SHALL  BE  USED  ONLY  WHEN:
 OTHER  LESS  RESTRICTIVE  AND  INTRUSIVE INTERVENTIONS AND DE-ESCALATION
 TECHNIQUES WOULD NOT PREVENT IMMINENT DANGER OF SERIOUS PHYSICAL HARM TO
 A  STUDENT  OR OTHERS; THERE IS NO KNOWN MEDICAL CONTRAINDICATION TO ITS
 USE ON A STUDENT; AND SCHOOL STAFF USING SUCH  INTERVENTIONS  HAVE  BEEN
 TRAINED  IN  ITS SAFE AND APPROPRIATE APPLICATION IN ACCORDANCE WITH THE
 REQUIREMENTS OF SUBDIVISION EIGHT OF THIS SECTION. TIMEOUT AND  PHYSICAL
 RESTRAINTS  SHALL  NOT BE USED AS DISCIPLINE OR PUNISHMENT, RETALIATION,
 OR AS A SUBSTITUTE FOR POSITIVE, PROACTIVE INTERVENTION STRATEGIES  THAT
 ARE  DESIGNED  TO ELIMINATE THE NEED FOR THE USE OF TIMEOUT AND PHYSICAL
 RESTRAINT.
   2. USE OF TIMEOUT. (A) EXCEPT AS OTHERWISE  SPECIFICALLY  PROVIDED  BY
 THE  COMMISSIONER  PURSUANT TO RULE OR REGULATION, TIMEOUT SHALL ONLY BE
 USED IN A SITUATION THAT POSES AN IMMEDIATE  CONCERN  FOR  THE  PHYSICAL
 SAFETY  OF A STUDENT OR OTHERS. STAFF SHALL RETURN SUCH STUDENT TO THEIR
 EDUCATIONAL PROGRAM AS SOON AS SUCH  STUDENT  HAS  SAFELY  DE-ESCALATED,
 REGAINED CONTROL AND IS PREPARED TO MEET EXPECTATIONS.
   (B)  A  ROOM  OR  PHYSICAL SPACE USED FOR PURPOSES OF TIMEOUT SHALL BE
 LOCATED WITHIN A CLASSROOM OR OUTSIDE OF SUCH CLASSROOM AND SHALL COMPLY
 WITH THE FOLLOWING REQUIREMENTS:
   (I) SUCH ROOM OR PHYSICAL SPACE SHALL:
   (1) BE UNLOCKED, AND ANY DOOR SHALL BE ABLE  TO  BE  OPENED  FROM  THE
 INSIDE.  THE USE OF LOCKED ROOMS OR PHYSICAL SPACES IS PROHIBITED;
   (2)  PROVIDE  A MEANS FOR CONTINUOUS VISUAL AND AUDITORY MONITORING OF
 THE STUDENT;
   (3) BE OF ADEQUATE WIDTH, LENGTH AND HEIGHT TO ALLOW  THE  STUDENT  TO
 MOVE ABOUT AND RECLINE COMFORTABLY;
   (4) BE CLEAN AND FREE OF OBJECTS AND FIXTURES THAT COULD BE POTENTIAL-
 LY DANGEROUS TO A STUDENT; AND
   (5) MEET ALL LOCAL FIRE AND SAFETY CODES;
   (II)  WALL  AND  FLOOR  COVERINGS SHALL, TO THE EXTENT PRACTICABLE, BE
 DESIGNED TO PREVENT INJURY TO THE STUDENT AND THERE  SHALL  BE  ADEQUATE
 LIGHTING AND VENTILATION; AND
   (III)  THE  TEMPERATURE  OF THE ROOM OR PHYSICAL SPACE SHALL BE WITHIN
 THE NORMAL COMFORT RANGE AND CONSISTENT WITH THE REST OF THE BUILDING.
   (C) STAFF SHALL CONTINUOUSLY MONITOR A STUDENT IN A  TIMEOUT  ROOM  OR
 SPACE. STAFF FUNCTIONING AS TIMEOUT MONITORS SHALL BE TRAINED IN ACCORD-
 ANCE  WITH  SUBDIVISION  EIGHT  OF THIS SECTION, AND SHALL BE PHYSICALLY
 PRESENT IN THE TIMEOUT ROOM OR SPACE FOR THE  ENTIRETY  OF  A  STUDENT'S
 TIME IN SUCH ROOM OR SPACE.
   3.  USE  OF  PHYSICAL  RESTRAINT. (A) PHYSICAL RESTRAINT SHALL ONLY BE
 USED IN A SITUATION IN WHICH IMMEDIATE INTERVENTION INVOLVING THE USE OF
 REASONABLE PHYSICAL FORCE IS NECESSARY TO  PREVENT  IMMINENT  DANGER  OF
 SERIOUS PHYSICAL HARM TO THE STUDENT OR OTHERS.
   (B) THE TYPE OF PHYSICAL RESTRAINT USED SHALL BE THE LEAST RESTRICTIVE
 TECHNIQUE  NECESSARY  AND BE DISCONTINUED AS SOON AS THE IMMINENT DANGER
 OF SERIOUS PHYSICAL HARM HAS RESOLVED.
   (C) PHYSICAL RESTRAINT SHALL NEVER BE USED IN A MANNER THAT  RESTRICTS
 THE STUDENT'S ABILITY TO BREATHE OR COMMUNICATE OR HARMS THE STUDENT.
   (D) THE USE OF PRONE RESTRAINT IS PROHIBITED.
   (E)  PHYSICAL RESTRAINT SHALL NOT BE USED AS A PLANNED INTERVENTION ON
 A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM, ACCOMMODATION PLAN, BEHAV-
 IORAL INTERVENTION PLAN, OR OTHER PLAN DEVELOPED FOR A  STUDENT  BY  THE
 SCHOOL.
 A. 10644                            5
 
   (F)  PHYSICAL  RESTRAINT  SHALL NOT BE USED TO PREVENT PROPERTY DAMAGE
 EXCEPT IN SITUATIONS WHERE THERE IS IMMINENT DANGER OF SERIOUS  PHYSICAL
 HARM TO THE STUDENT OR OTHERS AND THE STUDENT HAS NOT RESPONDED TO POSI-
 TIVE, PROACTIVE INTERVENTION STRATEGIES.
   (G)  PHYSICAL  RESTRAINT  SHALL BE ADMINISTERED ONLY BY STAFF WHO HAVE
 RECEIVED TRAINING IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION.
   (H) FOLLOWING A PHYSICAL RESTRAINT, IF AN INJURY HAS BEEN SUSTAINED OR
 BELIEVED TO HAVE BEEN SUSTAINED, THE SCHOOL NURSE, PURSUANT  TO  SECTION
 NINE HUNDRED TWO OF THIS CHAPTER OR OTHER MEDICAL PERSONNEL SHALL EVALU-
 ATE THE STUDENT TO DETERMINE AND DOCUMENT IF ANY INJURIES WERE SUSTAINED
 DURING THE INCIDENT.
   4. PARENTAL NOTIFICATION. EACH SCHOOL SHALL DEVELOP A PROCEDURE TO:
   (A)  ENSURE  SAME  DAY  NOTIFICATION TO A PARENT OR PERSON IN PARENTAL
 RELATION TO A STUDENT FOLLOWING THE USE OF  TIMEOUT,  INCLUDING  TIMEOUT
 USED IN CONJUNCTION WITH SUCH STUDENT'S BEHAVIORAL INTERVENTION PLAN, OR
 USE  OF  A  PHYSICAL  RESTRAINT.  WHEN THE STUDENT'S PARENT OR PERSON IN
 PARENTAL RELATION CANNOT BE CONTACTED,  AFTER  REASONABLE  ATTEMPTS  ARE
 MADE,  THE  SCHOOL PRINCIPAL OR BUILDING ADMINISTRATOR SHALL RECORD SUCH
 ATTEMPTS. FOR STUDENTS WITH DISABILITIES, THE SCHOOL PRINCIPAL OR BUILD-
 ING ADMINISTRATOR SHALL REPORT SUCH ATTEMPTS TO THE STUDENT'S  COMMITTEE
 ON  PRESCHOOL  SPECIAL EDUCATION OR COMMITTEE ON SPECIAL EDUCATION. SUCH
 NOTIFICATION SHALL OFFER THE PARENT OR PERSON IN PARENTAL  RELATION  THE
 OPPORTUNITY TO MEET REGARDING THE INCIDENT; AND
   (B) PROVIDE THE PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT A
 COPY  OF  THE  DOCUMENTATION OF THE INCIDENT WITHIN THREE SCHOOL DAYS OF
 THE USE OF TIMEOUT OR A PHYSICAL RESTRAINT.
   5. DOCUMENTATION. (A) A SCHOOL SHALL MAINTAIN  DOCUMENTATION  OF  EACH
 INCIDENT  INVOLVING  THE  USE  OF  TIMEOUT,  INCLUDING  TIMEOUT  USED IN
 CONJUNCTION WITH A STUDENT'S  BEHAVIORAL  INTERVENTION  PLAN  CONSISTENT
 WITH  RULES OR REGULATIONS PROMULGATED BY THE COMMISSIONER, AND/OR PHYS-
 ICAL RESTRAINT ON EACH STUDENT, WHICH SHALL INCLUDE:
   (I) THE NAME AND DATE OF BIRTH OF THE STUDENT;
   (II) THE SETTING AND LOCATION OF THE INCIDENT;
   (III) THE NAME OF THE STAFF WHO PARTICIPATED  IN  THE  IMPLEMENTATION,
 MONITORING  AND  SUPERVISION  OF  THE  USE  OF  TIMEOUT  AND/OR PHYSICAL
 RESTRAINT AND ANY OTHER PERSONS INVOLVED;
   (IV) A DESCRIPTION OF THE INCIDENT INCLUDING DURATION, AND FOR A PHYS-
 ICAL RESTRAINT, THE TYPE OF RESTRAINT USED;
   (V) WHETHER THE  STUDENT  HAS  AN  INDIVIDUALIZED  EDUCATION  PROGRAM,
 ACCOMMODATION  PLAN,  BEHAVIORAL INTERVENTION PLAN, OR OTHER PLAN DEVEL-
 OPED FOR THE STUDENT BY THE SCHOOL;
   (VI)  A  LIST  OF  ALL  POSITIVE,  PROACTIVE  INTERVENTION  STRATEGIES
 UTILIZED  PRIOR TO THE USE OF TIMEOUT AND/OR PHYSICAL RESTRAINT; AND FOR
 STUDENTS WITH DISABILITIES, WHETHER  THOSE  STRATEGIES  WERE  CONSISTENT
 WITH A STUDENT'S BEHAVIORAL INTERVENTION PLAN, IF APPLICABLE;
   (VII)  THE  DETAILS  OF ANY INJURIES SUSTAINED BY THE STUDENT OR STAFF
 DURING THE INCIDENT AND WHETHER THE STUDENT WAS EVALUATED BY THE  SCHOOL
 NURSE OR OTHER MEDICAL PERSONNEL;
   (VIII)  THE DATE AND METHOD OF NOTIFICATION TO THE PARENT OR PERSON IN
 PARENTAL RELATION PURSUANT TO  SUBDIVISION  FOUR  OF  THIS  SECTION  AND
 WHETHER A MEETING WAS HELD; AND
   (IX)  THE DATE OF THE DEBRIEFING HELD CONSISTENT WITH THE REQUIREMENTS
 OF SUBDIVISION SIX OF THIS SECTION.
   (B) DOCUMENTATION OF THE INCIDENT SHALL  BE  REVIEWED  BY  SUPERVISORY
 PERSONNEL  AND,  AS NECESSARY, THE SCHOOL NURSE OR OTHER MEDICAL PERSON-
 NEL.
 A. 10644                            6

   (C) DOCUMENTATION OF EACH INCIDENT SHALL BE MAINTAINED BY  THE  SCHOOL
 AND MADE AVAILABLE FOR REVIEW BY THE DEPARTMENT UPON REQUEST.
   6.  DEBRIEFING.  AS  SOON  AS PRACTICABLE, AND AFTER EVERY INCIDENT IN
 WHICH TIMEOUT AND/OR PHYSICAL RESTRAINT IS USED ON A STUDENT,  A  SCHOOL
 ADMINISTRATOR OR DESIGNEE SHALL:
   (A)  MEET WITH THE SCHOOL STAFF WHO PARTICIPATED IN THE USE OF TIMEOUT
 AND/OR PHYSICAL RESTRAINT TO DISCUSS:
   (I) THE CIRCUMSTANCES LEADING TO THE USE OF  TIMEOUT  AND/OR  PHYSICAL
 RESTRAINT;
   (II)   THE  POSITIVE,  PROACTIVE  INTERVENTION  STRATEGIES  THAT  WERE
 UTILIZED PRIOR TO THE USE OF TIMEOUT AND/OR PHYSICAL RESTRAINT; AND
   (III) PLANNING FOR THE PREVENTION AND REDUCTION OF THE FUTURE NEED FOR
 TIMEOUT AND/OR PHYSICAL RESTRAINT WITH THE STUDENT INCLUDING, IF  APPLI-
 CABLE,  WHETHER A REFERRAL SHOULD BE MADE FOR SPECIAL EDUCATION PROGRAMS
 AND/OR OTHER SUPPORT SERVICES OR,  FOR  A  STUDENT  WITH  A  DISABILITY,
 WHETHER  A REFERRAL FOR REVIEW OF THE STUDENT'S INDIVIDUALIZED EDUCATION
 PROGRAM AND/OR BEHAVIORAL INTERVENTION PLAN IS NEEDED; AND
   (B) DIRECT A SCHOOL STAFF MEMBER TO  DEBRIEF  THE  INCIDENT  WITH  THE
 STUDENT  IN  A MANNER APPROPRIATE TO THE STUDENT'S AGE AND DEVELOPMENTAL
 ABILITY AND TO DISCUSS THE BEHAVIOR OR BEHAVIORS, IF ANY, THAT  PRECIPI-
 TATED THE USE OF TIMEOUT AND/OR PHYSICAL RESTRAINT.
   7. REVIEW OF DOCUMENTATION. THE SCHOOL ADMINISTRATOR OR DESIGNEE SHALL
 REGULARLY  REVIEW  DOCUMENTATION  ON  THE  USE  OF  TIMEOUT AND PHYSICAL
 RESTRAINT TO ENSURE COMPLIANCE WITH A SCHOOL'S  POLICY  AND  PROCEDURES.
 WHEN THERE ARE MULTIPLE INCIDENTS WITHIN THE SAME CLASSROOM OR INVOLVING
 THE  SAME  STAFF, THE SCHOOL ADMINISTRATOR OR DESIGNEE SHALL TAKE APPRO-
 PRIATE STEPS TO ADDRESS THE FREQUENCY AND PATTERN OF USE.
   8. STAFF TRAINING. (A) ALL STAFF SHALL RECEIVE ANNUAL TRAINING ON  THE
 SCHOOL'S POLICIES AND PROCEDURES RELATED TO THE USE OF TIMEOUT AND PHYS-
 ICAL   RESTRAINT;  EVIDENCE-BASED  POSITIVE,  PROACTIVE  PROBLEM-SOLVING
 INTERVENTIONS; CRISIS INTERVENTION AND PREVENTION PROCEDURES AND  DE-ES-
 CALATION TECHNIQUES.
   (B)  IN  ADDITION  TO THE TRAINING REQUIREMENTS FOR ALL STAFF IN PARA-
 GRAPH (A) OF THIS SUBDIVISION, ANY STAFF  WHO  MAY  BE  CALLED  UPON  TO
 IMPLEMENT   TIMEOUT   OR   PHYSICAL  RESTRAINT,  SHALL  RECEIVE  ANNUAL,
 EVIDENCE-BASED TRAINING IN SAFE AND EFFECTIVE DEVELOPMENTALLY  APPROPRI-
 ATE TIMEOUT AND PHYSICAL RESTRAINT PROCEDURES.
   9.  WRITTEN  POLICY. (A) EACH SCHOOL SHALL ADOPT A WRITTEN POLICY THAT
 ESTABLISHES ADMINISTRATIVE PRACTICES AND PROCEDURES REGARDING THE USE OF
 TIMEOUT AND PHYSICAL RESTRAINT CONSISTENT WITH  THIS  SUBDIVISION.  SUCH
 POLICY AND PROCEDURES SHALL AT A MINIMUM INCLUDE:
   (I)  FACTORS  WHICH MAY PRECIPITATE THE USE OF THE TIMEOUT OR PHYSICAL
 RESTRAINT;
   (II) DEVELOPMENTALLY APPROPRIATE TIME LIMITATIONS FOR THE USE OF TIME-
 OUT AND PHYSICAL RESTRAINT;
   (III) PROHIBITING PLACING A STUDENT IN A LOCKED ROOM OR SPACE OR IN  A
 ROOM WHERE THE STUDENT CANNOT BE CONTINUOUSLY OBSERVED AND SUPERVISED;
   (IV) PROHIBITING THE USE OF PRONE RESTRAINT;
   (V)  ANY  REQUIREMENTS  PROMULGATED  BY  THE  COMMISSIONER RELATING TO
 STUDENTS WITH DISABILITIES WHOSE BEHAVIORAL INTERVENTION  PLAN  INCLUDES
 THE USE OF TIMEOUT AS A BEHAVIORAL CONSEQUENCE;
   (VI)  STAFF  TRAINING  PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OF
 SUBDIVISION EIGHT OF THIS SECTION;
   (VII) INFORMATION TO BE PROVIDED TO THE PARENT OR PERSON  IN  PARENTAL
 RELATION, INCLUDING A COPY OF THE TIMEOUT AND PHYSICAL RESTRAINT POLICY;
 A. 10644                            7

   (VIII) NOTIFYING THE PARENT OR PERSON IN PARENTAL RELATION ON THE SAME
 DAY  WHEN  A  STUDENT  IS PLACED IN A TIMEOUT OR A PHYSICAL RESTRAINT IS
 USED IN ACCORDANCE WITH THE REQUIREMENTS OF  SUBDIVISION  FOUR  OF  THIS
 SECTION; AND
   (IX)  DATA  COLLECTION TO MONITOR PATTERNS OF USE OF TIMEOUT AND PHYS-
 ICAL RESTRAINT.
   (B) THE WRITTEN POLICY SHALL BE MADE PUBLICLY AVAILABLE FOR REVIEW  AT
 THE  DISTRICT OR SCHOOL ADMINISTRATIVE OFFICE OR OFFICES AND EACH SCHOOL
 BUILDING, AND POSTED ON THE SCHOOL'S WEBSITE, IF ONE EXISTS.
   § 24. ANNUAL REPORTING. BEGINNING WITH THE TWO THOUSAND TWENTY-FIVE --
 TWO THOUSAND TWENTY-SIX SCHOOL YEAR, EACH PUBLIC SCHOOL DISTRICT,  BOARD
 OF  COOPERATIVE  EDUCATIONAL  SERVICES,  CHARTER  SCHOOL, STATE-OPERATED
 SCHOOL PURSUANT TO ARTICLES EIGHTY-SEVEN AND EIGHTY-EIGHT OF THIS  CHAP-
 TER,  AND PRIVATE RESIDENTIAL SCHOOL OPERATED PURSUANT TO ARTICLE EIGHT-
 Y-ONE OF THIS CHAPTER, SHALL SUBMIT AN ANNUAL REPORT ON THE USE OF PHYS-
 ICAL  RESTRAINT  AND  TIMEOUT  AND  SUBSTANTIATED  AND   UNSUBSTANTIATED
 ALLEGATIONS  OF  USE  OF  CORPORAL  PUNISHMENT, MECHANICAL RESTRAINT AND
 OTHER AVERSIVE INTERVENTIONS, PRONE PHYSICAL RESTRAINT, AND SECLUSION TO
 THE DEPARTMENT, ON A FORM AND AT A TIME PRESCRIBED BY  THE  COMMISSIONER
 BY RULE OR REGULATION. IN ADDITION, PUBLIC SCHOOL DISTRICTS SHALL REPORT
 SUCH  DATA FOR STUDENTS FOR WHOM THEY ARE THE DISTRICT OF RESIDENCE, AND
 WHO ARE OTHERWISE NOT REPORTED, INCLUDING STUDENTS  ATTENDING  A  STATE-
 SUPPORTED  SCHOOL  PURSUANT  TO  ARTICLE  EIGHTY-FIVE  OF  THIS CHAPTER,
 IN-STATE AND OUT-OF-STATE PRIVATE RESIDENTIAL OR NON-RESIDENTIAL  SCHOOL
 FOR  THE  EDUCATION  OF  STUDENTS WITH DISABILITIES APPROVED PURSUANT TO
 ARTICLE EIGHTY-NINE OF THIS  CHAPTER,  OR  PRESCHOOL  SPECIAL  EDUCATION
 PROGRAM  APPROVED  PURSUANT  TO  SECTION  FORTY-FOUR HUNDRED TEN OF THIS
 CHAPTER.
   § 25. PRIVATE RIGHT OF  ACTION.  THE  PARENT  OR  PERSON  IN  PARENTAL
 RELATION  OF  ANY  STUDENT  WHO IS INJURED RESULTING FROM A VIOLATION OF
 THIS ARTICLE MAY BRING AN ACTION TO RECOVER DAMAGES SUFFERED  BY  REASON
 OF SUCH VIOLATION.
   § 2. Subdivision 1 of section 1125 of the education law, as amended by
 chapter 551 of the laws of 2023, is amended to read as follows:
   1.  "Child abuse" shall mean any of the following acts committed in an
 educational setting by an employee or volunteer  against  a  child:  (a)
 intentionally or recklessly inflicting physical injury, serious physical
 injury  or death, or (b) intentionally or recklessly engaging in conduct
 which creates a substantial risk of such physical injury, serious  phys-
 ical  injury  or death, or (c) any child sexual abuse as defined in this
 section, or (d) the commission or attempted commission against  a  child
 of  the  crime of disseminating indecent materials to minors pursuant to
 article two hundred thirty-five of the penal law, or (e) using  corporal
 punishment  as  defined by [the commissioner] SECTION TWENTY-ONE OF THIS
 CHAPTER.
   § 3. This act shall take effect immediately.