Bill Text: NY A05148 | 2025-2026 | General Assembly | Introduced
Bill Title: Prohibits certain punishments and interventions in schools including corporal punishment, chemical restraints, mechanical restraints and other aversive interventions; authorizes limited use of timeouts and necessary physical restraints; creates a private right of action for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-12 - referred to education [A05148 Detail]
Download: New_York-2025-A05148-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5148 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee 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: 1 Section 1. The education law is amended by adding a new article 2-A to 2 read as follows: 3 ARTICLE 2-A 4 PROHIBITION OF CERTAIN PUNISHMENTS AND INTERVENTIONS 5 Section 20. Purpose of article. 6 21. Definitions. 7 22. Prohibition of certain punishments and interventions. 8 23. Authorized limited use of timeouts and physical restraints. 9 24. Annual reporting. 10 25. Private right of action. 11 § 20. Purpose of article. The purpose of this article shall be to 12 establish uniform guidelines that prohibit the use of corporal punish- 13 ment, chemical restraints, aversive interventions, and seclusion and to 14 authorize limited use of timeout and physical restraint in schools to 15 address student behaviors. 16 § 21. Definitions. For the purposes of this article, the following 17 terms shall have the following meanings: 18 1. (a) "Aversive intervention" means an intervention that is intended 19 to induce pain or discomfort for the purpose of eliminating or reducing 20 student behavior, including but not limited to the following: 21 (i) contingent application of noxious, painful, intrusive stimuli or 22 activities, or strangling, shoving, deep muscle squeezes, or other stim- 23 uli; 24 (ii) any form of noxious, painful or intrusive spray, inhalant or 25 tastes; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05503-01-5A. 5148 2 1 (iii) contingent food programs that include the denial or delay of the 2 provision of meals or intentionally altering staple food or drink in 3 order to make it distasteful; 4 (iv) movement limitation used as a punishment, including, but not 5 limited to, helmets and mechanical restraints; 6 (v) chemical restraints; or 7 (vi) other similar stimuli or actions. 8 (b) The term "aversive intervention" shall not include interventions 9 such as voice control, limited to loud, firm commands; time-limited 10 ignoring of a specific behavior; token fines as part of a token economy 11 system; brief physical prompts to interrupt or prevent a specific behav- 12 ior; interventions medically necessary for the treatment or protection 13 of a student; or other similar interventions. 14 2. "Corporal punishment" means any act of physical force upon a 15 student for the purpose of punishing such student. 16 3. "Chemical restraint" means a drug or medication used on a student 17 to control behavior or restrict freedom of movement that is not: 18 (a) prescribed by a licensed physician, or other qualified health 19 professional acting under the scope of the professional's authority 20 under state law, for the standard treatment of a student's medical or 21 psychiatric condition; and 22 (b) administered as prescribed by the licensed physician or other 23 qualified health professional acting under the scope of the profes- 24 sional's authority under state law. 25 4. "De-escalation" means the use of a behavior management technique 26 that helps a student increase control over their emotions and behavior 27 and results in a reduction of a present or potential level of danger to 28 such student or others. 29 5. "Mechanical restraint" means the use of any device or equipment to 30 restrict a student's freedom of movement. The term "mechanical 31 restraint" shall not include devices implemented by trained school 32 personnel, or utilized by a student, that have been prescribed by an 33 appropriate medical or related services professional and are used for 34 the specific and approved purposes for which such devices were designed, 35 such as: 36 (a) adaptive devices or mechanical supports used to achieve proper 37 body position, balance, or alignment to allow greater freedom of mobili- 38 ty than would be possible without the use of such devices or mechanical 39 supports; 40 (b) vehicle safety restraints when used as intended during the trans- 41 port of a student in a moving vehicle; 42 (c) restraints for medical immobilization; or 43 (d) orthopedically prescribed devices that permit a student to partic- 44 ipate in activities without risk of harm. 45 6. "Multi-tiered system of supports" means a proactive and preventa- 46 tive framework that utilizes data to inform instruction and the allo- 47 cation of services to maximize achievement for all students and support 48 students' social, emotional and behavioral needs from a culturally 49 responsive and strength-based perspective. 50 7. "Physical escort" means a temporary, voluntary touching or holding 51 of the hand, wrist, arm, shoulder or back to induce a student to walk to 52 a safe location. 53 8. "Physical restraint" means a personal restriction that immobilizes 54 or reduces the ability of a student to move their arms, legs, body, or 55 head freely. The term "physical restraint" shall not include a physical 56 escort or brief physical contact and/or redirection to promote studentA. 5148 3 1 safety, calm or comfort a student, prompt or guide a student when teach- 2 ing a skill or assisting a student in completing a task, or for other 3 similar purposes. 4 9. "Prone restraint" means physical or mechanical restraint while the 5 student is in the face down position. 6 10. "School" means a public school district, board of cooperative 7 educational services, charter school, state-operated and state-supported 8 school pursuant to articles eighty-five, eighty-seven and eighty-eight 9 of this chapter, in-state and out-of-state private residential or non- 10 residential school for the education of students with disabilities 11 approved pursuant to article eighty-nine of this chapter or operating 12 under article eighty-one of this chapter, state-administered prekinder- 13 garten program directly operated by a school district, board of cooper- 14 ative educational services, or an eligible agency, as defined by the 15 commissioner, or operated by a school district in collaboration with an 16 eligible agency, preschool special education program approved pursuant 17 to section forty-four hundred ten of this chapter, and registered 18 nonpublic nursery school, kindergarten, and high school, and a nonpublic 19 school serving grades one through eight that has a registered high 20 school, in this state. Such term as used in this article shall also 21 include school buses, as defined by section one hundred forty-two of the 22 vehicle and traffic law. 23 11. "Seclusion" means the involuntary confinement of a student alone 24 in a room or space that they are physically prevented from leaving or 25 they may perceive that they cannot leave at will. The term "seclusion" 26 shall not include timeout. 27 12. "Timeout" means a behavior management technique that involves the 28 monitored separation of a student in a non-locked setting, accompanied 29 by school staff, where the student complies with a request to leave and 30 is implemented for the purpose of de-escalating, regaining control, and 31 preparing the student to meet expectations to return to their education 32 program in accordance with section twenty-three of this article. The 33 term "timeout" shall not include: 34 (a) a student-initiated or student-requested break to utilize coping 35 skills, sensory input, or self-regulation strategies; 36 (b) use of a room or space containing coping tools or activities to 37 assist a student to calm and self-regulate, or the use of such inter- 38 vention strategies consistent with a student with a disability's behav- 39 ioral intervention plan as defined by the commissioner; or 40 (c) a teacher removal, in-school suspension, or any other appropriate 41 disciplinary action. 42 § 22. Prohibition of certain punishments and interventions. 1. No 43 teacher, administrator, officer, employee or agent of a school shall use 44 the following against a student: 45 (a) corporal punishment; 46 (b) aversive interventions; or 47 (c) seclusion. 48 2. For purposes of this section the term "agent" shall include, but 49 not be limited to, school resource officers, except when a student is 50 under arrest and handcuffs are necessary for the safety of such student 51 and others. 52 § 23. Authorized limited use of timeouts and physical restraints. 1. 53 Multi-tiered systems of supports. Positive, proactive, evidence- and 54 research-based strategies through a multi-tiered system of supports 55 shall be used to reduce the occurrence of challenging behaviors, elimi- 56 nate the need for the use of timeout and physical restraint, and improveA. 5148 4 1 school climate and the safety of all students. Problem-solving inter- 2 ventions, proactive, evidence- and research-based models that are prob- 3 lem-solving focused and work collaboratively with the student shall be 4 used to eliminate the need for the use of timeout and physical 5 restraint. Timeout and physical restraint shall be used only when: 6 other less restrictive and intrusive interventions and de-escalation 7 techniques would not prevent imminent danger of serious physical harm to 8 a student or others; there is no known medical contraindication to its 9 use on a student; and school staff using such interventions have been 10 trained in its safe and appropriate application in accordance with the 11 requirements of subdivision eight of this section. Timeout and physical 12 restraints shall not be used as discipline or punishment, retaliation, 13 or as a substitute for positive, proactive intervention strategies that 14 are designed to eliminate the need for the use of timeout and physical 15 restraint. 16 2. Use of timeout. (a) Except as otherwise specifically provided by 17 the commissioner pursuant to rule or regulation, timeout shall only be 18 used in a situation that poses an immediate concern for the physical 19 safety of a student or others. Staff shall return such student to their 20 educational program as soon as such student has safely de-escalated, 21 regained control and is prepared to meet expectations. 22 (b) A room or physical space used for purposes of timeout shall be 23 located within a classroom or outside of such classroom and shall comply 24 with the following requirements: 25 (i) Such room or physical space shall: 26 (1) be unlocked, and any door shall be able to be opened from the 27 inside. The use of locked rooms or physical spaces is prohibited; 28 (2) provide a means for continuous visual and auditory monitoring of 29 the student; 30 (3) be of adequate width, length and height to allow the student to 31 move about and recline comfortably; 32 (4) be clean and free of objects and fixtures that could be potential- 33 ly dangerous to a student; and 34 (5) meet all local fire and safety codes; 35 (ii) Wall and floor coverings shall, to the extent practicable, be 36 designed to prevent injury to the student and there shall be adequate 37 lighting and ventilation; and 38 (iii) The temperature of the room or physical space shall be within 39 the normal comfort range and consistent with the rest of the building. 40 (c) Staff shall continuously monitor a student in a timeout room or 41 space. Staff functioning as timeout monitors shall be trained in accord- 42 ance with subdivision eight of this section, and shall be physically 43 present in the timeout room or space for the entirety of a student's 44 time in such room or space. 45 3. Use of physical restraint. (a) Physical restraint shall only be 46 used in a situation in which immediate intervention involving the use of 47 reasonable physical force is necessary to prevent imminent danger of 48 serious physical harm to the student or others. 49 (b) The type of physical restraint used shall be the least restrictive 50 technique necessary and be discontinued as soon as the imminent danger 51 of serious physical harm has resolved. 52 (c) Physical restraint shall never be used in a manner that restricts 53 the student's ability to breathe or communicate or harms the student. 54 (d) The use of prone restraint is prohibited. 55 (e) Physical restraint shall not be used as a planned intervention on 56 a student's individualized education program, accommodation plan, behav-A. 5148 5 1 ioral intervention plan, or other plan developed for a student by the 2 school. 3 (f) Physical restraint shall not be used to prevent property damage 4 except in situations where there is imminent danger of serious physical 5 harm to the student or others and the student has not responded to posi- 6 tive, proactive intervention strategies. 7 (g) Physical restraint shall be administered only by staff who have 8 received training in accordance with subdivision eight of this section. 9 (h) Following a physical restraint, if an injury has been sustained or 10 believed to have been sustained, the school nurse, pursuant to section 11 nine hundred two of this chapter or other medical personnel shall evalu- 12 ate the student to determine and document if any injuries were sustained 13 during the incident. 14 4. Parental notification. Each school shall develop a procedure to: 15 (a) ensure same day notification to a parent or person in parental 16 relation to a student following the use of timeout, including timeout 17 used in conjunction with such student's behavioral intervention plan, or 18 use of a physical restraint. When the student's parent or person in 19 parental relation cannot be contacted, after reasonable attempts are 20 made, the school principal or building administrator shall record such 21 attempts. For students with disabilities, the school principal or build- 22 ing administrator shall report such attempts to the student's committee 23 on preschool special education or committee on special education. Such 24 notification shall offer the parent or person in parental relation the 25 opportunity to meet regarding the incident; and 26 (b) provide the parent or person in parental relation to the student a 27 copy of the documentation of the incident within three school days of 28 the use of timeout or a physical restraint. 29 5. Documentation. (a) A school shall maintain documentation of each 30 incident involving the use of timeout, including timeout used in 31 conjunction with a student's behavioral intervention plan consistent 32 with rules or regulations promulgated by the commissioner, and/or phys- 33 ical restraint on each student, which shall include: 34 (i) the name and date of birth of the student; 35 (ii) the setting and location of the incident; 36 (iii) the name of the staff who participated in the implementation, 37 monitoring and supervision of the use of timeout and/or physical 38 restraint and any other persons involved; 39 (iv) a description of the incident including duration, and for a phys- 40 ical restraint, the type of restraint used; 41 (v) whether the student has an individualized education program, 42 accommodation plan, behavioral intervention plan, or other plan devel- 43 oped for the student by the school; 44 (vi) a list of all positive, proactive intervention strategies 45 utilized prior to the use of timeout and/or physical restraint; and for 46 students with disabilities, whether those strategies were consistent 47 with a student's behavioral intervention plan, if applicable; 48 (vii) the details of any injuries sustained by the student or staff 49 during the incident and whether the student was evaluated by the school 50 nurse or other medical personnel; 51 (viii) the date and method of notification to the parent or person in 52 parental relation pursuant to subdivision four of this section and 53 whether a meeting was held; and 54 (ix) the date of the debriefing held consistent with the requirements 55 of subdivision six of this section.A. 5148 6 1 (b) Documentation of the incident shall be reviewed by supervisory 2 personnel and, as necessary, the school nurse or other medical person- 3 nel. 4 (c) Documentation of each incident shall be maintained by the school 5 and made available for review by the department upon request. 6 6. Debriefing. As soon as practicable, and after every incident in 7 which timeout and/or physical restraint is used on a student, a school 8 administrator or designee shall: 9 (a) meet with the school staff who participated in the use of timeout 10 and/or physical restraint to discuss: 11 (i) the circumstances leading to the use of timeout and/or physical 12 restraint; 13 (ii) the positive, proactive intervention strategies that were 14 utilized prior to the use of timeout and/or physical restraint; and 15 (iii) planning for the prevention and reduction of the future need for 16 timeout and/or physical restraint with the student including, if appli- 17 cable, whether a referral should be made for special education programs 18 and/or other support services or, for a student with a disability, 19 whether a referral for review of the student's individualized education 20 program and/or behavioral intervention plan is needed; and 21 (b) direct a school staff member to debrief the incident with the 22 student in a manner appropriate to the student's age and developmental 23 ability and to discuss the behavior or behaviors, if any, that precipi- 24 tated the use of timeout and/or physical restraint. 25 7. Review of documentation. The school administrator or designee shall 26 regularly review documentation on the use of timeout and physical 27 restraint to ensure compliance with a school's policy and procedures. 28 When there are multiple incidents within the same classroom or involving 29 the same staff, the school administrator or designee shall take appro- 30 priate steps to address the frequency and pattern of use. 31 8. Staff training. (a) All staff shall receive annual training on the 32 school's policies and procedures related to the use of timeout and phys- 33 ical restraint; evidence-based positive, proactive problem-solving 34 interventions; crisis intervention and prevention procedures and de-es- 35 calation techniques. 36 (b) In addition to the training requirements for all staff in para- 37 graph (a) of this subdivision, any staff who may be called upon to 38 implement timeout or physical restraint, shall receive annual, 39 evidence-based training in safe and effective developmentally appropri- 40 ate timeout and physical restraint procedures. 41 9. Written policy. (a) Each school shall adopt a written policy that 42 establishes administrative practices and procedures regarding the use of 43 timeout and physical restraint consistent with this subdivision. Such 44 policy and procedures shall at a minimum include: 45 (i) factors which may precipitate the use of the timeout or physical 46 restraint; 47 (ii) developmentally appropriate time limitations for the use of time- 48 out and physical restraint; 49 (iii) prohibiting placing a student in a locked room or space or in a 50 room where the student cannot be continuously observed and supervised; 51 (iv) prohibiting the use of prone restraint; 52 (v) any requirements promulgated by the commissioner relating to 53 students with disabilities whose behavioral intervention plan includes 54 the use of timeout as a behavioral consequence; 55 (vi) staff training provided in accordance with the requirements of 56 subdivision eight of this section;A. 5148 7 1 (vii) information to be provided to the parent or person in parental 2 relation, including a copy of the timeout and physical restraint policy; 3 (viii) notifying the parent or person in parental relation on the same 4 day when a student is placed in a timeout or a physical restraint is 5 used in accordance with the requirements of subdivision four of this 6 section; and 7 (ix) data collection to monitor patterns of use of timeout and phys- 8 ical restraint. 9 (b) The written policy shall be made publicly available for review at 10 the district or school administrative office or offices and each school 11 building, and posted on the school's website, if one exists. 12 § 24. Annual reporting. Beginning with the two thousand twenty-six -- 13 two thousand twenty-seven school year, each public school district, 14 board of cooperative educational services, charter school, state-operat- 15 ed school pursuant to articles eighty-seven and eighty-eight of this 16 chapter, and private residential school operated pursuant to article 17 eighty-one of this chapter, shall submit an annual report on the use of 18 physical restraint and timeout and substantiated and unsubstantiated 19 allegations of use of corporal punishment, mechanical restraint and 20 other aversive interventions, prone physical restraint, and seclusion to 21 the department, on a form and at a time prescribed by the commissioner 22 by rule or regulation. In addition, public school districts shall report 23 such data for students for whom they are the district of residence, and 24 who are otherwise not reported, including students attending a state- 25 supported school pursuant to article eighty-five of this chapter, 26 in-state and out-of-state private residential or non-residential school 27 for the education of students with disabilities approved pursuant to 28 article eighty-nine of this chapter, or preschool special education 29 program approved pursuant to section forty-four hundred ten of this 30 chapter. 31 § 25. Private right of action. The parent or person in parental 32 relation of any student who is injured resulting from a violation of 33 this article may bring an action to recover damages suffered by reason 34 of such violation. 35 § 2. Subdivision 1 of section 1125 of the education law, as amended by 36 chapter 551 of the laws of 2023, is amended to read as follows: 37 1. "Child abuse" shall mean any of the following acts committed in an 38 educational setting by an employee or volunteer against a child: (a) 39 intentionally or recklessly inflicting physical injury, serious physical 40 injury or death, or (b) intentionally or recklessly engaging in conduct 41 which creates a substantial risk of such physical injury, serious phys- 42 ical injury or death, or (c) any child sexual abuse as defined in this 43 section, or (d) the commission or attempted commission against a child 44 of the crime of disseminating indecent materials to minors pursuant to 45 article two hundred thirty-five of the penal law, or (e) using corporal 46 punishment as defined by [the commissioner] section twenty-one of this 47 chapter. 48 § 3. This act shall take effect immediately.
