S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5011
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting the use of
   corporal punishment in an educational  setting  and  defines  corporal
   punishment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1125 of the education  law  is  amended  by  adding
 three new subdivisions 11, 12 and 13 to read as follows:
   11.  "CORPORAL PUNISHMENT" SHALL MEAN ANY ACT OF PHYSICAL FORCE UPON A
 PUPIL FOR THE PURPOSE OF PUNISHING THAT  PUPIL,  INCLUDING  THE  USE  OF
 AVERSIVE  INTERVENTIONS  AND  TIME  OUT ROOMS, EXCEPT IN ACCORDANCE WITH
 SUBDIVISION THIRTEEN OF THIS  SECTION.  CORPORAL  PUNISHMENT  SHALL  NOT
 INCLUDE  THE USE OF REASONABLE PHYSICAL FORCE TO: (A) PROTECT ONESELF OR
 ANOTHER PUPIL, TEACHER, OR OTHER PERSON FROM  PHYSICAL  INJURY;  (B)  TO
 PROTECT THE PROPERTY OF THE SCHOOL, SCHOOL DISTRICT OR OTHERS; OR (C) TO
 RESTRAIN OR REMOVE A PUPIL WHOSE BEHAVIOR IS INTERFERING WITH THE ORDER-
 LY  EXERCISE  AND  PERFORMANCE  OF  SCHOOL OR SCHOOL DISTRICT FUNCTIONS,
 POWERS AND DUTIES IF SUCH PUPIL HAS REFUSED TO COMPLY WITH A REQUEST  TO
 REFRAIN FROM FURTHER DISRUPTIVE ACTS.
   12.  "AVERSIVE  INTERVENTION"  SHALL  MEAN  AN  INTERVENTION  THAT  IS
 INTENDED TO INDUCE PAIN OR DISCOMFORT TO A STUDENT FOR  THE  PURPOSE  OF
 ELIMINATING  OR  REDUCING  MALADAPTIVE  BEHAVIORS, INCLUDING SUCH INTER-
 VENTIONS AS: (A) CONTINGENT APPLICATION OF NOXIOUS,  PAINFUL,  INTRUSIVE
 STIMULI  OR  ACTIVITIES;  (B)  ANY FORM OF NOXIOUS, PAINFUL OR INTRUSIVE
 SPRAY, INHALANT OR TASTES; (C) 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; (D) MOVEMENT LIMI-
 TATION  USED  AS  A PUNISHMENT, INCLUDING BUT NOT LIMITED TO HELMETS AND
 MECHANICAL RESTRAINT DEVICES; OR (E) OTHER STIMULI OR ACTIONS SIMILAR TO
 THE INTERVENTIONS DESCRIBED HEREIN.  PROVIDED,  HOWEVER,  THAT  AVERSIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07076-01-3
              

 A. 5011                             2
 
 INTERVENTION  SHALL  NOT  INCLUDE:  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 BEHAVIOR; INTERVENTIONS MEDICALLY NECESSARY FOR THE
 TREATMENT OR PROTECTION OF THE STUDENT; OR OTHER SIMILAR INTERVENTIONS.
   13. "TIME OUT ROOM" SHALL MEAN AN AREA FOR A STUDENT TO SAFELY DEESCA-
 LATE, REGAIN CONTROL AND PREPARE TO MEET EXPECTATIONS TO RETURN  TO  HIS
 OR  HER EDUCATION PROGRAM. EXCEPT FOR UNANTICIPATED SITUATIONS THAT POSE
 AN IMMEDIATE CONCERN FOR THE PHYSICAL SAFETY OF  A  STUDENT  OR  OTHERS,
 TIME  OUT  ROOMS  SHALL  ONLY  BE  USED IN CONJUNCTION WITH A BEHAVIORAL
 INTERVENTION PLAN THAT IS DESIGNED TO TEACH  AND  REINFORCE  ALTERNATIVE
 APPROPRIATE BEHAVIORS.
   (A)  EACH  SCHOOL  WHICH USES A TIME OUT ROOM SHALL ESTABLISH POLICIES
 AND PROCEDURES ON THE USE OF THE TIME OUT  ROOM  AND  SUCH  POLICIES  OR
 PROCEDURES SHALL, AT A MINIMUM, INCLUDE:
   (I)  PROHIBITING  PLACING  A STUDENT IN A LOCKED ROOM OR SPACE OR IN A
 ROOM WHERE THE STUDENT CANNOT BE CONTINUOUSLY OBSERVED AND SUPERVISED;
   (II) FACTORS WHICH MAY PRECIPITATE THE USE OF THE TIME OUT ROOM;
   (III) TIME LIMITATIONS FOR THE USE OF THE TIME OUT ROOM;
   (IV) STAFF TRAINING ON THE POLICIES AND PROCEDURES RELATED TO THE  USE
 OF THE TIME OUT ROOM;
   (V)  DATA  COLLECTION  TO MONITOR THE EFFECTIVENESS OF THE USE OF TIME
 OUT ROOMS; AND
   (VI) INFORMATION TO BE PROVIDED TO PARENTS,  INCLUDING  A  REQUIREMENT
 THAT PARENTS BE GIVEN AN OPPORTUNITY TO SEE THE PHYSICAL SPACE THAT WILL
 BE USED AS A TIME OUT ROOM PRIOR TO PLACING A STUDENT IN SUCH ROOM.
   (B)  TIME  OUT  ROOMS  SHALL  BE  UNLOCKED, ABLE TO BE OPENED FROM THE
 INSIDE, AND STAFF SHALL BE ASSIGNED TO CONTINUOUSLY MONITOR THE  STUDENT
 IN THE TIME OUT ROOM. THE PHYSICAL SPACE USED AS A TIME OUT ROOM SHALL:
   (I)  PROVIDE  A MEANS FOR CONTINUOUS VISUAL AND AUDITORY MONITORING OF
 THE STUDENT AND BE OF ADEQUATE WIDTH, LENGTH AND  HEIGHT  TO  ALLOW  THE
 STUDENT TO MOVE ABOUT AND RECLINE COMFORTABLY;
   (II)  HAVE  WALL AND FLOOR COVERINGS DESIGNED TO PREVENT INJURY TO THE
 STUDENT AND HAVE ADEQUATE LIGHTING AND VENTILATION;
   (III) HAVE A TEMPERATURE WITHIN THE NORMAL COMFORT RANGE AND  CONSIST-
 ENT WITH THE REST OF THE BUILDING;
   (IV)  BE  CLEAN  AND FREE OF OBJECTS AND FIXTURES THAT COULD BE POTEN-
 TIALLY DANGEROUS TO A STUDENT; AND
   (V) MEET ALL LOCAL FIRE AND SAFETY CODES.
   § 2.  Subdivision 1 of section 1125 of the education law, as added  by
 chapter 180 of the laws of 2000, 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)  CORPORAL
 PUNISHMENT AS DEFINED IN THIS SECTION.
   § 3. This act shall take effect immediately.