Senate Bill S5261A

Signed By Governor
2023-2024 Legislative Session

Prohibits the use of corporal punishment in schools

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Sponsored By

Current Bill Status Via A5010 - 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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Actions
Votes

Bill Amendments

co-Sponsors

2023-S5261 - Details

See Assembly Version of this Bill:
A5010
Law Section:
Education Law
Laws Affected:
Amd §§1125 & 305, Ed L

2023-S5261 - Summary

Requires the commissioner of education to promulgate rules and regulations prohibiting the use of corporal punishment in schools.

2023-S5261 - Sponsor Memo

2023-S5261 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5261
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BRISPORT,  CLEARE, GONZALEZ, GOUNARDES,
   HOYLMAN-SIGAL, JACKSON -- read twice and  ordered  printed,  and  when
   printed to be committed to the Committee on Children and Families
 
 AN  ACT  to amend the education law, in relation to prohibiting corporal
   punishment in educational settings

   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 a
 new subdivision 11 to read as follows:
   11. "CORPORAL PUNISHMENT" SHALL MEAN ANY ACT OF PHYSICAL FORCE UPON  A
 PUPIL, HOWEVER LIGHT, FOR THE PURPOSE OF PUNISHING SUCH PUPIL OR MODIFY-
 ING UNDESIRABLE BEHAVIOR.  CORPORAL PUNISHMENT SHALL NOT MEAN THE USE OF
 REASONABLE  PHYSICAL  FORCE  FOR ANY OF THE FOLLOWING PURPOSES, PROVIDED
 THAT ALTERNATIVE PROCEDURES AND METHODS NOT INVOLVING THE USE  OF  PHYS-
 ICAL  FORCE  CANNOT REASONABLY BE EMPLOYED TO ACHIEVE SUCH PURPOSES: (A)
 TO PROTECT ONESELF FROM PHYSICAL INJURY; (B) TO PROTECT ANOTHER PUPIL OR
 TEACHER OR ANY OTHER PERSON FROM PHYSICAL INJURY;  (C)  TO  PROTECT  THE
 PROPERTY  OF  THE  SCHOOL  OR  OF OTHERS; OR (D) TO RESTRAIN OR REMOVE A
 PUPIL WHOSE BEHAVIOR  IS  INTERFERING  WITH  THE  ORDERLY  EXERCISE  AND
 PERFORMANCE OF SCHOOL DISTRICT FUNCTIONS, POWERS OR DUTIES IF SUCH PUPIL
 HAS  REFUSED TO COMPLY WITH A REQUEST TO REFRAIN FROM FURTHER DISRUPTIVE
 ACTS.
   § 2. The education law is amended by adding a new section 1135 to read
 as follows:
   § 1135. PROHIBITION OF CORPORAL PUNISHMENT. NO TEACHER, ADMINISTRATOR,
 OFFICER, EMPLOYEE OR AGENT OF A  SCHOOL,  EDUCATIONAL  SETTING,  NURSERY
 SCHOOL,  PRESCHOOL,  OR  KINDERGARTEN  IN  THIS STATE SHALL USE CORPORAL
 PUNISHMENT AGAINST A PUPIL.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09841-02-3

co-Sponsors

2023-S5261A (ACTIVE) - Details

See Assembly Version of this Bill:
A5010
Law Section:
Education Law
Laws Affected:
Amd §§1125 & 305, Ed L

2023-S5261A (ACTIVE) - Summary

Requires the commissioner of education to promulgate rules and regulations prohibiting the use of corporal punishment in schools.

2023-S5261A (ACTIVE) - Sponsor Memo

2023-S5261A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5261--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, LIU, BRISPORT, CLEARE, GONZALEZ, GOUNARDES,
   HOYLMAN-SIGAL,  JACKSON  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably from said committee and committed to the Committee
   on Education -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to prohibiting corporal
   punishment in schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    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) USING CORPORAL
 PUNISHMENT AS DEFINED BY THE COMMISSIONER.
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 60 to read as follows:
   60.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROHIBIT-
 ING A TEACHER, ADMINISTRATOR, OFFICER, EMPLOYEE OR AGENT OF  ANY  SCHOOL
 WITHIN THE STATE FROM USING CORPORAL PUNISHMENT.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09841-04-3

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