NY State Senate Bill S7548A

Archive: Last Bill Status Via A8540 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2022	signed chap.516
Aug 05, 2022	delivered to governor
May 18, 2022	returned to assembly passed senate 3rd reading cal.1154 substituted for s7548a
May 18, 2022	substituted by a8540a
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1154
Apr 25, 2022	print number 7548a
Apr 25, 2022	amend (t) and recommit to disabilities
Jan 05, 2022	referred to disabilities
Nov 24, 2021	referred to rules

Votes

view votes

May 18, 2022 - floor Vote

A8540A

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2022 - Disabilities committee Vote

S7548A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S7548 - Details

See Assembly Version of this Bill:: A8540
Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L

S7548 - Summary

Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used.

S7548 - Sponsor Memo

 
BILL NUMBER: S7548

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring same-day
notification of a parent or guardian of a student with a disability
where certain behavioral interventions are used

 
PURPOSE:

To amend the education law, in relation to requiring same-day notifica-
tion of a parent or guardian of a student with a disability where
certain behavioral interventions are used

 
SUMMARY OF PROVISIONS:

Section 4402 of the education law is amended by adding a new subsection
requiring each school district shall develop procedures requiring that
when the behavioral interventions of seclusion or restraint is used on a
student with a disability such student's parent or guardian shall be
notified of such behavioral intervention within the same day such behav-

ioral intervention is used.

 
JUSTIFICATION:

Many parents and guardians of school age kids are able to ask their
children, "how was school?" at the end school and workday. However,
there is a population of disabled children who are either non-verbal or
severely limited in their ability to communicate.

For some of these children behavioral techniques such as restraint holds
or the use of seclusion rules are part of their individualized education
program (IEP) as a means of preventing students from hurting themselves,
other children or even school staff members.  These decisions around the
use of restraints and/or seclusion are made in conjunction with parents
during special education IEP meetings.

Unfortunately, there have been documented instances of the use of
restraints and seclusion on children without parents being notified
within the same day or even within weeks of the event.

Timely notification to a parent or guardian when restraints and/or
seclusion techniques are used, particularly when the children themselves
have difficulty communicating, is vital to the wellbeing of a student.
Children who have behavioral and developmental difficulties need
emotional support of a parent and/or guardian. The stress of being
restrained or having a "time out" using seclusion can have physical
and/or emotional manifestations resulting from these behavioral tech-
niques even when they are used appropriately to protect the child.

Informing a parent or guardian the same day when seclusion or restraints
are used enable them to provide meaningful comfort and care to their
child. This bill seeks to address the problem of parents not being
informed in a timely manner when seclusion or restraints are used.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7548 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7548
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 24, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in  relation  to  requiring  same-day
   notification  of  a  parent or guardian of a student with a disability
   where certain behavioral interventions are used

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4402 of the education law is amended by adding a
 new subdivision 9 to read as follows:
   9. (A) EACH SCHOOL DISTRICT SHALL DEVELOP PROCEDURES  REQUIRING  THAT,
 WHERE  A  METHOD  OF  SECLUSION OR RESTRAINT IS USED ON A STUDENT WITH A
 DISABILITY AS A BEHAVIORAL INTERVENTION, SUCH STUDENT'S PARENT OR GUARD-
 IAN SHALL BE NOTIFIED OF SUCH BEHAVIORAL INTERVENTION  WITHIN  THE  SAME
 DAY SUCH BEHAVIORAL INTERVENTION IS USED. WHERE SUCH STUDENT'S PARENT OR
 GUARDIAN  CANNOT  BE  CONTACTED AFTER REASONABLE ATTEMPTS ARE MADE, SUCH
 ATTEMPTS TO CONTACT SUCH STUDENT'S PARENT OR GUARDIAN SHALL BE  RECORDED
 AND  REPORTED  TO  THE  BOARD  OF  EDUCATION  OR  TRUSTEES OF THE SCHOOL
 DISTRICT.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "SECLUSION"  MEANS USE OF AN AREA FOR A STUDENT TO SAFELY DEESCA-
 LATE, REGAIN CONTROL AND PREPARE TO MEET EXPECTATIONS TO RETURN  TO  HIS
 OR  HER EDUCATION PROGRAM, IN ACCORDANCE WITH SUBDIVISION (C) OF 8 NYCRR
 § 200.22.
   (II) "RESTRAINT" MEANS A PHYSICAL  OR  MECHANICAL  RESTRAINT  USED  AS
 PERMITTED BY THE COMMISSIONER AS AN EMERGENCY BEHAVIORAL INTERVENTION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13143-01-1

S7548A (ACTIVE) - Details

See Assembly Version of this Bill:: A8540
Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L

S7548A (ACTIVE) - Summary

Requires same-day notification of a parent or person in parental relation of a student with a disability where certain behavioral interventions are used.

S7548A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7548A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring same-day
notification of a parent or person in parental relation of a student
with a disability where certain behavioral interventions are used

 
PURPOSE:

To amend the education law, in relation to requiring same-day notifica-
tion of a parent or guardian of a student with a disability where
certain behavioral interventions are used

 
SUMMARY OF PROVISIONS:

Section 4402 of the education law is amended by adding a new subdivision
requiring each school district to develop a procedure to notify a
student with disability's parent or personal in parental relation on the
same day when a physical or mechanical restraint is used on the student
or the student is place in a time out room.

 
JUSTIFICATION:

Many parents and guardians of school age kids are able to ask their
children, "how was school?" at the end school and workday. However,
there is a population of disabled children who are either non-verbal or
severely limited in their ability to communicate.

For some of these children behavioral techniques such as restraint holds
or the use of seclusion rules are part of their individualized education
program (IEP) as a means of preventing students from hurting themselves,
other children or even school staff members.

These decisions around the use of restraints and/or seclusion are made
in conjunction with parents during special education IEP meetings.
Unfortunately, there have been documented instances of the use of
restraints and seclusion on children without parents being notified
within the same day or even within weeks of the event.

Timely notification to a parent or guardian when restraints and/or
seclusion techniques are used, particularly when the children themselves
have difficulty communicating, is vital to the wellbeing of a student.
Children who have behavioral and developmental difficulties need
emotional support of a parent and/or guardian. The stress of being
restrained or having a "time out" using seclusion can have physical
and/or emotional manifestations resulting from these behavioral tech-
niques even when they are used appropriately to protect the child.

Informing a parent or guardian the same day when seclusion or restraints
are used enable them to provide meaningful comfort and care to their
child. This bill seeks to address the problem of parents not being
informed in a timely manner when seclusion or restraints are used.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7548A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7548--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 24, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Disabilities in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the education law, in  relation  to  requiring  same-day
   notification  of  a parent or person in parental relation of a student
   with a disability where certain behavioral interventions are used
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4402 of the education law is amended by adding a
 new subdivision 9 to read as follows:
   9. THE BOARD OF EDUCATION OR TRUSTEES OF EACH  SCHOOL  DISTRICT  SHALL
 DEVELOP  A PROCEDURE TO NOTIFY THE PARENT OR PERSON IN PARENTAL RELATION
 OF A STUDENT WITH A DISABILITY ON THE SAME DAY A PHYSICAL OR  MECHANICAL
 RESTRAINT IS APPLIED ON SUCH STUDENT OR SUCH STUDENT IS PLACED IN A TIME
 OUT  ROOM.    WHEN  THE  STUDENT'S PARENT OR PERSON IN PARENTAL RELATION
 CANNOT BE CONTACTED AFTER REASONABLE ATTEMPTS ARE  MADE,  THE  PRINCIPAL
 SHALL RECORD AND REPORT SUCH ATTEMPTS TO THE COMMITTEE ON SPECIAL EDUCA-
 TION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13143-05-2

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The New York State Senate

senate Bill S7548A

Sponsored By

Archive: Last Bill Status Via A8540 - Signed by Governor

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

May 9, 2022 - Disabilities committee Vote

Disabilities Committee Vote: May 9, 2022

Bill Amendments

S7548 - Details

S7548 - Summary

S7548 - Sponsor Memo

S7548 - Bill Text download pdf

S7548A (ACTIVE) - Details

S7548A (ACTIVE) - Summary

S7548A (ACTIVE) - Sponsor Memo

S7548A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7548A

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Sponsored By

Pete Harckham

Archive: Last Bill Status Via A8540 - Signed by Governor

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

May 9, 2022 - Disabilities committee Vote

Disabilities Committee Vote: May 9, 2022

Bill Amendments

S7548 - Details

S7548 - Summary

S7548 - Sponsor Memo

S7548 - Bill Text download pdf

S7548A (ACTIVE) - Details

S7548A (ACTIVE) - Summary

S7548A (ACTIVE) - Sponsor Memo

S7548A (ACTIVE) - Bill Text download pdf

Comments