Senate Bill S7547

                                 
BILL NUMBER: S7547

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to notifying parents or
guardians of their right to refuse certain behavioral interventions for
their children

 
PURPOSE:

To amend the education law, in relation to notifying parents or guardi-
ans of their right to refuse certain behavioral interventions for their
children

 
SUMMARY OF PROVISIONS:

Subparagraph 1 of paragraph b of subdivision 1 of section 2 4402 of the
education law is amended by adding a new clause (e) to provide proper
written notice of their rights, as determined by the NYS Department of
Education (SED) to refuse inclusion of any specific behavioral inter-
vention in such student's individualized education plan or a behavioral
              

intervention plan developed for such student.

 
JUSTIFICATION:

This bill does not change or impose new SED regulations, but rather
provides a mechanism for a parent/guardian to be notified what those
rights currently are.

Students with disabilities have a right to a free and appropriate educa-
tion. In determining how best to provide an education for students with
disabilities, parents/guardians collaborate with school personnel to
develop an individualized education program (IEP) that serves the educa-
tion needs of the child, sometimes including the use of restraint and
seclusion.

Schools, under certain circumstances, are allowed to use restraint holds
or the use of seclusion rooms to prevent children from hurting them-
selves, other students or school staff. SED promulgates guidance and
regulations governing the use of restraints and seclusion and under what
circumstances a parent/guardian has a right to refuse the use of
restraints and seclusion.

Navigating a parent's/guardian's rights as it relates to allowing or
withholding permission for the use of restraints can be difficult.  This
bill provides for written notification of those rights to refuse certain
behavioral modification tools, specifically restraints and seclusion, to
the parent or guardian at the meeting of special education where a
student's IEP is being determined.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.