S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6213
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting the use of
   certain restraints and aversive  interventions  against  students  and
   including  policies  and  procedures for responding to students having
   mental health crises in school safety plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Protect Our Students In School Act".
   § 2. The education law is amended by adding a new article 2-A to  read
 as follows:
                                ARTICLE 2-A
             CONDITIONS ON USE OF CERTAIN FORMS OF DISCIPLINE
 SECTION 24. DEFINITIONS.
         25. PROHIBITION  OF  CORPORAL  PUNISHMENT  AND  AVERSIVE  INTER-
               VENTIONS.
         26. LIMITATIONS ON USE OF SECLUSION AND RESTRAINT.
         27. PARENTAL NOTIFICATION AND DUTIES OF THE DEPARTMENT.
   § 24. DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "CORPORAL  PUNISHMENT" SHALL MEAN ANY ACT OF PHYSICAL FORCE UPON A
 STUDENT FOR THE PURPOSE OF PUNISHING THAT  STUDENT  OR  AS  A  MEANS  OF
 DISCIPLINE. THE DEFINITION OF SUCH TERM INCLUDES, BUT IS NOT LIMITED TO,
 PADDLING,   PINCHING,   SLAPPING,  SHOVING,  SPANKING,  STRANGLING,  AND
 HITTING.
   2. "AVERSIVE INTERVENTION" SHALL MEAN AN INTERVENTION THAT IS INTENDED
 TO INDUCE PAIN OR DISCOMFORT TO A STUDENT FOR THE PURPOSE OF ELIMINATING
 OR REDUCING MALADAPTIVE BEHAVIORS.  THE DEFINITION OF SUCH TERM DOES NOT
 INCLUDE SUCH INTERVENTIONS AS  VOICE  CONTROL,  LIMITED  TO  LOUD,  FIRM
 COMMANDS;  TIME-LIMITED  IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09619-02-3
              

 A. 6213                             2
 
 PART OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO  INTERRUPT  OR
 PREVENT  A  SPECIFIC BEHAVIOR; INTERVENTIONS MEDICALLY NECESSARY FOR THE
 TREATMENT OR PROTECTION OF THE STUDENT; OR OTHER SIMILAR  INTERVENTIONS.
 THE DEFINITION OF SUCH TERM INCLUDES, BUT IS NOT LIMITED TO, SUCH INTER-
 VENTIONS AS:
   A.  USE  OF ICE APPLICATIONS, DEEP MUSCLE SQUEEZES, AN AUTOMATED AVER-
 SIVE CONDITIONING DEVICE, OR OTHER CONTINGENT  APPLICATION  OF  NOXIOUS,
 PAINFUL, OR INTRUSIVE STIMULI OR ACTIVITIES;
   B.  CONDITIONAL  FOOD PROGRAMS THAT INCLUDE THE DENIAL OR UNREASONABLE
 DELAY OF THE PROVISION OF MEALS OR INTENTIONALLY ALTERING STAPLE FOOD OR
 DRINK IN ORDER TO MAKE IT DISTASTEFUL;
   C. WITHHOLDING OF SLEEP, SHELTER, BEDDING, OR BATHROOM FACILITIES; AND
   D. OTHER STIMULI OR ACTIONS SIMILAR TO THE INTERVENTIONS DESCRIBED  IN
 PARAGRAPHS A, B AND C OF THIS SUBDIVISION.
   3.  "CHEMICAL  RESTRAINT" MEANS A DRUG OR MEDICATION USED ON A STUDENT
 TO CONTROL BEHAVIOR OR RESTRICT FREEDOM OF MOVEMENT THAT IS  EITHER  NOT
 MEDICALLY  PRESCRIBED  FOR THE STANDARD TREATMENT OF A STUDENT'S MEDICAL
 OR PSYCHIATRIC CONDITION OR NOT ADMINISTERED AS  PRESCRIBED.  THE  DEFI-
 NITION  OF  SUCH  TERM INCLUDES, BUT IS NOT LIMITED TO, USE OF SEDATIVES
 AND ANY FORM OF NOXIOUS,  PAINFUL,  OR  INTRUSIVE  SPRAY,  INHALANT,  OR
 TASTES.
   4.  "MECHANICAL RESTRAINT" SHALL MEAN THE APPLICATION OF ANY DEVICE OR
 OBJECT THAT RESTRICTS A STUDENT'S FREEDOM OF MOVEMENT OR  NORMAL  ACCESS
 TO  A PORTION OF THE BODY THAT THE STUDENT CANNOT EASILY REMOVE, WHETHER
 SUCH APPLICATION IS USED AS A MEANS OF DISCIPLINE, TO CONTROL  BEHAVIOR,
 TO  PUNISH  SUCH  STUDENT,  OR ANY OTHER PURPOSE. THE DEFINITION OF SUCH
 TERM INCLUDES, BUT IS NOT LIMITED  TO,  USE  OF  DUCT  TAPE,  HANDCUFFS,
 HELMETS,  ANKLETS,  CHAIR STRAPS, AND OTHER MOVEMENT LIMITATION DEVICES.
 THE DEFINITION OF SUCH TERM DOES NOT INCLUDE DEVICES OR OBJECTS USED  BY
 TRAINED  SCHOOL  PERSONNEL,  OR  USED BY A STUDENT, FOR THE SPECIFIC AND
 APPROVED THERAPEUTIC OR SAFETY PURPOSES FOR  WHICH  THEY  WERE  DESIGNED
 AND, IF APPLICABLE, PRESCRIBED, INCLUDING THE FOLLOWING:
   A. RESTRAINTS FOR MEDICAL IMMOBILIZATION;
   B. ADAPTIVE DEVICES OR MECHANICAL SUPPORTS USED TO ALLOW GREATER FREE-
 DOM  OF  MOVEMENT  STABILITY  THAN WOULD BE POSSIBLE WITHOUT USE OF SUCH
 DEVICES OR MECHANICAL SUPPORTS;
   C. VEHICLE SAFETY RESTRAINTS WHEN USED AS INTENDED DURING  THE  TRANS-
 PORT OF A STUDENT IN A MOVING VEHICLE;
   D.  INSTRUCTION AND USE OF RESTRAINTS AS PART OF A CRIMINAL JUSTICE OR
 OTHER COURSE; AND
   E. NOTWITHSTANDING THEIR DESIGN FOR OTHER PURPOSES,  ADAPTIVE  USE  OF
 BENIGN DEVICES OR OBJECTS, INCLUDING MITTENS AND CAPS, TO DETER SELF-IN-
 JURY.
   5.  "PHYSICAL  RESTRAINT" SHALL MEAN A RESTRICTION IMPOSED BY A PERSON
 THAT IMMOBILIZES OR REDUCES THE ABILITY OF  A  STUDENT  TO  FREELY  MOVE
 ARMS,  LEGS,  BODY, OR HEAD. "PHYSICAL RESTRAINT" DOES NOT INCLUDE PHYS-
 ICAL CONTACT THAT:
   A. HELPS A STUDENT RESPOND OR COMPLETE A TASK;
   B. IS NEEDED TO ADMINISTER AN  AUTHORIZED  HEALTH-RELATED  SERVICE  OR
 PROCEDURE; OR
   C.  IS NEEDED TO PHYSICALLY ESCORT A STUDENT WHEN THE STUDENT DOES NOT
 RESIST OR THE STUDENT'S RESISTANCE IS MINIMAL.
   6. "SECLUSION" SHALL MEAN THE INVOLUNTARY  CONFINEMENT  OF  A  STUDENT
 ALONE  IN  A  ROOM,  ENCLOSURE, OR SPACE THAT IS EITHER LOCKED OR, WHILE
 UNLOCKED, PHYSICALLY DISALLOWS EGRESS. THE USE OF A "TIMEOUT"  PROCEDURE
 A. 6213                             3
 
 DURING  WHICH A STAFF MEMBER REMAINS ACCESSIBLE TO THE STUDENT SHALL NOT
 BE CONSIDERED "SECLUSION".
   7.  "TIMEOUT"  SHALL MEAN A BEHAVIOR MANAGEMENT TECHNIQUE IN WHICH, TO
 PROVIDE A STUDENT WITH THE OPPORTUNITY TO REFLECT  OR  REGAIN  SELF-CON-
 TROL,  A  STUDENT  IS  SEPARATED  FROM  OTHERS FOR A LIMITED PERIOD IN A
 SETTING THAT IS NOT LOCKED AND THE EXIT IS  NOT  PHYSICALLY  BLOCKED  BY
 FURNITURE,  CLOSED  DOOR  HELD  SHUT  FROM  OUTSIDE,  OR OTHER INANIMATE
 OBJECT.
   8. "EMPLOYEE" SHALL MEAN AN EMPLOYEE AS DEFINED IN  SUBDIVISION  THREE
 OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS TITLE.
   9. "SCHOOL PROPERTY" SHALL MEAN A SCHOOL PROPERTY AS DEFINED IN SUBDI-
 VISION ONE OF SECTION ELEVEN OF THIS TITLE.
   10.  "SCHOOL  FUNCTION"  SHALL  MEAN  A  SCHOOL FUNCTION AS DEFINED IN
 SUBDIVISION TWO OF SECTION ELEVEN OF THIS TITLE.
   § 25. PROHIBITION OF CORPORAL PUNISHMENT AND  AVERSIVE  INTERVENTIONS.
 1.  NO STUDENT SHALL BE SUBJECTED TO CORPORAL PUNISHMENT ON SCHOOL PROP-
 ERTY, INCLUDING, BUT NOT LIMITED TO, A BOARD OF COOPERATIVE  EDUCATIONAL
 SERVICES (BOCES) SCHOOL, AN APPROVED PRESCHOOL PROGRAM, A STATE-OPERATED
 OR  STATE-SUPPORTED  PUBLIC  SCHOOL,  OR  AT ANY SCHOOL FUNCTION, BY ANY
 EMPLOYEE.
   2. IN SITUATIONS IN  WHICH  ALTERNATIVE  PROCEDURES  AND  METHODS  NOT
 INVOLVING THE USE OF PHYSICAL FORCE CANNOT REASONABLY BE EMPLOYED, NOTH-
 ING  CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE USE OF
 REASONABLE PHYSICAL FORCE FOR THE FOLLOWING PURPOSES:
   (I) TO PROTECT ONESELF FROM PHYSICAL INJURY; OR
   (II) TO PROTECT ANOTHER STUDENT OR TEACHER OR ANY PERSON FROM PHYSICAL
 INJURY.
   3. NO STUDENT SHALL BE SUBJECTED TO AN AVERSIVE INTERVENTION ON SCHOOL
 PROPERTY, INCLUDING, BUT NOT LIMITED TO, A BOARD OF  COOPERATIVE  EDUCA-
 TIONAL  SERVICES (BOCES) SCHOOL, AN APPROVED PRESCHOOL PROGRAM, A STATE-
 OPERATED OR STATE-SUPPORTED PUBLIC SCHOOL, OR AT ANY SCHOOL FUNCTION, BY
 ANY EMPLOYEE. NO CHILD-SPECIFIC  EXCEPTION  SHALL  BE  GRANTED  FOR  ANY
 STUDENT OR PROVIDED FOR BY AN INDIVIDUALIZED EDUCATION PROGRAM (IEP).
   4. NO EMPLOYEE SHALL USE CORPORAL PUNISHMENT OR AVERSIVE INTERVENTIONS
 TO  PROTECT  THE  PROPERTY OF THE SCHOOL, SCHOOL DISTRICT, OR OTHERS, TO
 RESTRAIN OR REMOVE A STUDENT WHOSE  BEHAVIOR  IS  INTERFERING  WITH  THE
 ORDERLY EXERCISE AND PERFORMANCE OF SCHOOL OR SCHOOL DISTRICT FUNCTIONS,
 POWERS AND DUTIES, OR IN OTHER NON-EMERGENCY SITUATIONS IF THE POTENTIAL
 FOR  PROPERTY  DAMAGE  OR  THE  REFUSAL  OF THE STUDENT TO COMPLY WITH A
 REQUEST TO REFRAIN FROM FURTHER DISRUPTIVE ACTS DOES  NOT  ENDANGER  THE
 SAFETY,  HEALTH,  OR  WELFARE OF OTHER STUDENTS, EMPLOYEES, OR ANY OTHER
 PERSON ON SCHOOL PROPERTY, INCLUDING, BUT NOT LIMITED  TO,  A  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES (BOCES) SCHOOL, AN APPROVED PRESCHOOL
 PROGRAM, A STATE-OPERATED OR STATE-SUPPORTED PUBLIC SCHOOL,  OR  AT  ANY
 SCHOOL FUNCTION, BY ANY EMPLOYEE.
   5. NO SCHOOL DISTRICT, INCLUDING, BUT NOT LIMITED TO, A PUBLIC ELEMEN-
 TARY  OR  SECONDARY  SCHOOL, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 (BOCES) SCHOOL, AN APPROVED PRESCHOOL PROGRAM, OR  A  STATE-OPERATED  OR
 STATE-SUPPORTED  PUBLIC  SCHOOL, SHALL PERMIT PARENTS OR LEGAL GUARDIANS
 OF ENROLLED STUDENTS TO SIGN A WAIVER PERMITTING  THE  USE  OF  CORPORAL
 PUNISHMENT OR AVERSIVE INTERVENTIONS AGAINST SUCH STUDENTS.
   §  26.  LIMITATIONS  ON USE OF SECLUSION AND RESTRAINT. 1.  NO STUDENT
 SHALL BE SUBJECTED  TO  CHEMICAL  RESTRAINT,  MECHANICAL  RESTRAINT,  OR
 SECLUSION  PRACTICES ON SCHOOL PROPERTY OR AT ANY SCHOOL FUNCTION BY ANY
 EMPLOYEE.
 A. 6213                             4
 
   2. AN EMPLOYEE MAY IMPOSE PHYSICAL  RESTRAINT  AGAINST  A  STUDENT  ON
 SCHOOL  PROPERTY  OR AT A SCHOOL FUNCTION ONLY WHEN SUCH USE OF FORCE IS
 REASONABLE, MODERATE, IN CONFORMITY WITH ALL OF THE FOLLOWING STANDARDS,
 AND INCLUDING, BUT NOT BE LIMITED TO:
   A.  THE STUDENT'S BEHAVIOR PRESENTS A SIGNIFICANT AND IMMINENT RISK OF
 BODILY HARM TO THEIR SELF OR OTHERS;
   B. THE PHYSICAL RESTRAINT DOES NOT INTERFERE WITH THE STUDENT'S ABILI-
 TY TO COMMUNICATE IN THE STUDENT'S PRIMARY LANGUAGE OR PRIMARY  MODE  OF
 COMMUNICATION;
   C. THE PHYSICAL RESTRAINT DOES NOT INTERFERE WITH THE STUDENT'S ABILI-
 TY TO BREATHE OR PLACE WEIGHT OR PRESSURE ON THE STUDENT'S HEAD, THROAT,
 OR NECK, OR OTHERWISE INVOLVE THE USE OF A PRONE OR SUPINE RESTRAINT;
   D.  THE PHYSICAL RESTRAINT DOES NOT RECKLESSLY EXACERBATE A MEDICAL OR
 PHYSICAL CONDITION OF THE STUDENT;
   E. LESS RESTRICTIVE INTERVENTIONS HAVE BEEN  INEFFECTIVE  IN  STOPPING
 THE  IMMINENT  RISK  OF  BODILY HARM TO THE STUDENT OR OTHERS, EXCEPT IN
 CASE OF A RARE AND CLEARLY  UNAVOIDABLE  EMERGENCY  CIRCUMSTANCE  POSING
 IMMINENT RISK OF BODILY HARM, INCLUDING, WITHOUT LIMITATION, INTERVENING
 IN A STUDENT-INITIATED PHYSICAL ASSAULT OR ALTERCATION;
   F.  FOR  A  STUDENT WITH A DISABILITY, THE PHYSICAL RESTRAINT DOES NOT
 CONTRAVENE PROVISIONS IN  AN  INDIVIDUALIZED  EDUCATION  PROGRAM  (IEP),
 BEHAVIOR  INTERVENTION  PLAN,  ACCOMMODATION PLAN, OR ANY OTHER PLANNING
 DOCUMENT FOR THE INDIVIDUAL STUDENT;
   G. EMPLOYEES USE ONLY THE AMOUNT OF FORCE  NECESSARY  TO  PROTECT  THE
 STUDENT  OR  OTHERS FROM THE THREATENED HARM, AND THE PHYSICAL RESTRAINT
 IS NOT PROLONGED BEYOND THE PERIOD OF TIME NECESSARY TO CONTAIN OR AVERT
 THE EVIDENT THREAT;
   H. THE PHYSICAL RESTRAINT ENDS WHEN A MEDICAL CONDITION OCCURS PUTTING
 THE STUDENT AT RISK OF HARM OR THE STUDENT'S BEHAVIOR NO LONGER PRESENTS
 AN IMMINENT RISK OF BODILY HARM TO THE STUDENT OR OTHERS;
   I. THE PHYSICAL RESTRAINT IS SOLELY WITHIN THE SCOPE OF  FORCE  NECES-
 SARY TO FURTHER THE SPECIAL PURPOSE FOR WHICH THE ENGAGING EMPLOYEES ARE
 EMPLOYED  AT  THE SCHOOL OR OTHERWISE ENTRUSTED WITH THE CARE AND SUPER-
 VISION OF A STUDENT, INCLUDING THE MAINTENANCE OF REASONABLE  DISCIPLINE
 IN A SCHOOL, CLASS OR OTHER GROUP, AND IS CONSISTENT WITH THE WELFARE OF
 THE STUDENT; AND
   J.  THE  PHYSICAL RESTRAINT CONFORMS TO APPLICABLE REGULATIONS PROMUL-
 GATED BY THE STATE EDUCATION DEPARTMENT.
   § 27. PARENTAL NOTIFICATION AND DUTIES OF THE DEPARTMENT. 1. THE BOARD
 OF EDUCATION OR TRUSTEES OF EACH PUBLIC SCHOOL AND SCHOOL DISTRICT SHALL
 DEVELOP A PROCEDURE TO NOTIFY THE PARENT OR LEGAL GUARDIAN OF A  STUDENT
 ON  THE  SAME  DAY A PHYSICAL RESTRAINT IS APPLIED ON SUCH STUDENT, SUCH
 STUDENT IS PLACED IN A TIMEOUT ROOM, OR SUCH STUDENT IS SUBJECTED  TO  A
 PROHIBITED  FORM  OF  DISCIPLINE,  INCLUDING  BUT  NOT  LIMITED TO THOSE
 INVOLVING CHEMICAL RESTRAINTS, MECHANICAL RESTRAINTS,  SECLUSION,  AVER-
 SIVE INTERVENTIONS, OR CORPORAL PUNISHMENT. WHEN THE STUDENT'S PARENT OR
 LEGAL  GUARDIAN  CANNOT BE CONTACTED AFTER REASONABLE ATTEMPTS ARE MADE,
 THE PRINCIPAL SHALL RECORD AND REPORT SUCH  ATTEMPTS  AND  USE  OF  SUCH
 PRACTICES TO THE DEPARTMENT.
   2.  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  IMPLEMENTING THIS
 SECTION. SUCH REGULATIONS SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE
 FOLLOWING:
   A. REQUIREMENT OF UNIFORM PUBLIC SCHOOL DATA COLLECTION ON EACH USE OF
 PHYSICAL RESTRAINT, BY SCHOOL, WHICH INCLUDES DEMOGRAPHIC INFORMATION ON
 AFFECTED  STUDENTS  SUCH AS AGE, GENDER, RACE, ETHNICITY, AND DISABILITY
 CATEGORY, IF ANY;
 A. 6213                             5
 
   B. REQUIREMENT OF TIMELY PARENTAL NOTICE IN EVENT OF USE  OF  PHYSICAL
 RESTRAINT;
   C.  SPECIAL  PROCEDURES  AND  SAFEGUARDS APPLICABLE TO USE OF PHYSICAL
 RESTRAINT FOR STUDENTS WITH DISABILITIES; AND
   D. RECOMMENDED OR REQUIRED TRAINING OF EMPLOYEES TO SUPPORT THE IMPLE-
 MENTATION OF THIS SECTION.
   3. TO FACILITATE DATA COLLECTION  AND  ANALYSIS,  THE  DEPARTMENT  MAY
 ADOPT  A UNIFORM REPORTING DOCUMENT AND MAY REQUIRE REPORTING OF DATA IN
 A STANDARDIZED ELECTRONIC OR NONELECTRONIC FORMAT.
   4. THE DEPARTMENT SHALL ISSUE AN ANNUAL  REPORT  ON  USE  OF  PHYSICAL
 RESTRAINT  WHICH  INCLUDES RATES OF USAGE BY SCHOOL AND BY SUBCATEGORIES
 IDENTIFIED IN PARAGRAPHS A, B, C  AND  D  OF  SUBDIVISION  TWO  OF  THIS
 SECTION, IDENTIFIES TRENDS, AND ANALYZES SIGNIFICANT RESULTS.
   §  3.  Paragraphs  l  and  m of subdivision 2 of section 2801-a of the
 education law, as amended by chapter 30 of the laws of 2021, are amended
 to read as follows:
   l. the designation of the superintendent, or  superintendent's  desig-
 nee,  as the district chief emergency officer responsible for coordinat-
 ing communication between school staff and  law  enforcement  and  first
 responders, and ensuring staff understanding of the district-level safe-
 ty  plan.  The  chief  emergency  officer  shall also be responsible for
 ensuring the completion and yearly updating of building-level  emergency
 response plans; [and]
   m.  protocols  for  responding  to a declared state disaster emergency
 involving a communicable disease that are substantially consistent  with
 the provisions of section twenty-seven-c of the labor law; AND
   N.  POLICIES  AND  PROCEDURES FOR RESPONDING TO STUDENTS HAVING MENTAL
 HEALTH CRISES IN A MANNER THAT DOES NOT INCLUDE CONTACTING LAW  ENFORCE-
 MENT  UNLESS  AN  IMPLIED OR DIRECT THREAT OF VIOLENCE OR OTHER CRIMINAL
 ACTIVITY IS INVOLVED.
   § 4. This act shall take effect immediately.