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Assembly Bill A5337

2023-2024 Legislative Session

Prohibits the use of corporal punishment in an educational setting

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Archive: Last Bill Status - In Assembly Committee

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2023-A5337 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §1125, add §1135, Ed L

2023-A5337 (ACTIVE) - Summary

Prohibits the use of corporal punishment in an educational setting; defines corporal punishment as an act of physical force upon a pupil for the purpose of punishing the pupil.

2023-A5337 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5337
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Education
 
 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

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