Assembly Bill A4183

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4183
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting the use of
   corporal punishment in an educational  setting  and  defines  corporal
   punishment
 
   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
 three new subdivisions 11, 12 and 13 to read as follows:
   11.  "CORPORAL PUNISHMENT" SHALL MEAN ANY ACT OF PHYSICAL FORCE UPON A
 PUPIL FOR THE PURPOSE OF PUNISHING THAT  PUPIL,  INCLUDING  THE  USE  OF
 AVERSIVE  INTERVENTIONS  AND  TIME  OUT ROOMS, EXCEPT IN ACCORDANCE WITH
 SUBDIVISION THIRTEEN OF THIS  SECTION.  CORPORAL  PUNISHMENT  SHALL  NOT
 INCLUDE  THE USE OF REASONABLE PHYSICAL FORCE TO: (A) PROTECT ONESELF OR
 ANOTHER PUPIL, TEACHER, OR OTHER PERSON FROM  PHYSICAL  INJURY;  (B)  TO
 PROTECT THE PROPERTY OF THE SCHOOL, SCHOOL DISTRICT OR OTHERS; OR (C) TO
 RESTRAIN OR REMOVE A PUPIL WHOSE BEHAVIOR IS INTERFERING WITH THE ORDER-
 LY  EXERCISE  AND  PERFORMANCE  OF  SCHOOL OR SCHOOL DISTRICT FUNCTIONS,
 POWERS AND DUTIES IF SUCH PUPIL HAS REFUSED TO COMPLY WITH A REQUEST  TO
 REFRAIN FROM FURTHER DISRUPTIVE ACTS.
   12.  "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, INCLUDING SUCH INTER-
 VENTIONS AS: (A) CONTINGENT APPLICATION OF NOXIOUS,  PAINFUL,  INTRUSIVE
 STIMULI  OR  ACTIVITIES;  (B)  ANY FORM OF NOXIOUS, PAINFUL OR INTRUSIVE
 SPRAY, INHALANT OR TASTES; (C) CONTINGENT FOOD PROGRAMS THAT INCLUDE THE
 DENIAL OR DELAY OF THE PROVISION  OF  MEALS  OR  INTENTIONALLY  ALTERING
 STAPLE FOOD OR DRINK IN ORDER TO MAKE IT DISTASTEFUL; (D) MOVEMENT LIMI-
 TATION  USED  AS  A PUNISHMENT, INCLUDING BUT NOT LIMITED TO HELMETS AND
 MECHANICAL RESTRAINT DEVICES; OR (E) OTHER STIMULI OR ACTIONS SIMILAR TO
 THE INTERVENTIONS DESCRIBED HEREIN.  PROVIDED,  HOWEVER,  THAT  AVERSIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08448-01-5
              

 A. 4183                             2
 
 INTERVENTION  SHALL  NOT  INCLUDE:  VOICE CONTROL, LIMITED TO LOUD, FIRM
 COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN  FINES  AS
 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.
   13. "TIME OUT ROOM" SHALL MEAN AN AREA FOR A STUDENT TO SAFELY DEESCA-
 LATE, REGAIN CONTROL AND PREPARE TO MEET EXPECTATIONS TO RETURN TO THEIR
 EDUCATION PROGRAM. EXCEPT FOR  UNANTICIPATED  SITUATIONS  THAT  POSE  AN
 IMMEDIATE  CONCERN  FOR THE PHYSICAL SAFETY OF A STUDENT OR OTHERS, TIME
 OUT ROOMS SHALL ONLY BE USED IN CONJUNCTION  WITH  A  BEHAVIORAL  INTER-
 VENTION  PLAN THAT IS DESIGNED TO TEACH AND REINFORCE ALTERNATIVE APPRO-
 PRIATE BEHAVIORS.
   (A) EACH SCHOOL WHICH USES A TIME OUT ROOM  SHALL  ESTABLISH  POLICIES
 AND  PROCEDURES  ON  THE  USE  OF THE TIME OUT ROOM AND SUCH POLICIES OR
 PROCEDURES SHALL, AT A MINIMUM, INCLUDE:
   (I) PROHIBITING PLACING A STUDENT IN A LOCKED ROOM OR SPACE  OR  IN  A
 ROOM WHERE THE STUDENT CANNOT BE CONTINUOUSLY OBSERVED AND SUPERVISED;
   (II) FACTORS WHICH MAY PRECIPITATE THE USE OF THE TIME OUT ROOM;
   (III) TIME LIMITATIONS FOR THE USE OF THE TIME OUT ROOM;
   (IV)  STAFF TRAINING ON THE POLICIES AND PROCEDURES RELATED TO THE USE
 OF THE TIME OUT ROOM;
   (V) DATA COLLECTION TO MONITOR THE EFFECTIVENESS OF THE  USE  OF  TIME
 OUT ROOMS; AND
   (VI)  INFORMATION  TO  BE PROVIDED TO PARENTS, INCLUDING A REQUIREMENT
 THAT PARENTS BE GIVEN AN OPPORTUNITY TO SEE THE PHYSICAL SPACE THAT WILL
 BE USED AS A TIME OUT ROOM PRIOR TO PLACING A STUDENT IN SUCH ROOM.
   (B) TIME OUT ROOMS SHALL BE UNLOCKED,  ABLE  TO  BE  OPENED  FROM  THE
 INSIDE,  AND STAFF SHALL BE ASSIGNED TO CONTINUOUSLY MONITOR THE STUDENT
 IN THE TIME OUT ROOM. THE PHYSICAL SPACE USED AS A TIME OUT ROOM SHALL:
   (I) PROVIDE A MEANS FOR CONTINUOUS VISUAL AND AUDITORY  MONITORING  OF
 THE  STUDENT  AND  BE  OF ADEQUATE WIDTH, LENGTH AND HEIGHT TO ALLOW THE
 STUDENT TO MOVE ABOUT AND RECLINE COMFORTABLY;
   (II) HAVE WALL AND FLOOR COVERINGS DESIGNED TO PREVENT INJURY  TO  THE
 STUDENT AND HAVE ADEQUATE LIGHTING AND VENTILATION;
   (III)  HAVE A TEMPERATURE WITHIN THE NORMAL COMFORT RANGE AND CONSIST-
 ENT WITH THE REST OF THE BUILDING;
   (IV) BE CLEAN AND FREE OF OBJECTS AND FIXTURES THAT  COULD  BE  POTEN-
 TIALLY DANGEROUS TO A STUDENT; AND
   (V) MEET ALL LOCAL FIRE AND SAFETY CODES.
   §  2.   Subdivision 1 of section 1125 of the education law, as amended
 by chapter 551 of the laws of 2023, is amended to read as follows:
   1. "Child abuse" shall mean any of the following acts committed in  an
 educational  setting  by  an  employee or volunteer against a child: (a)
 intentionally or recklessly inflicting physical injury, serious physical
 injury or death, or (b) intentionally or recklessly engaging in  conduct
 which  creates a substantial risk of such physical injury, serious phys-
 ical injury or death, or (c) any child sexual abuse as defined  in  this
 section,  or  (d) the commission or attempted commission against a child
 of the crime of disseminating indecent materials to minors  pursuant  to
 article  two hundred thirty-five of the penal law, or (e) using corporal
 punishment as defined [by the commissioner] IN THIS SECTION.
   § 3. This act shall take effect immediately.