Category: Conditions on Use of Certain Forms of Discipline
Subcategory: Restraint and Seclusion
State: New York
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9. The board of education of 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 education.
4806. Powers of superintendent and discipline of school.
The superintendent of the school shall, subject to the regulations of the board of managers:
6. Give special attention to the proper instruction, detention, restraint, discipline, comfort, physical and moral welfare of the pupils of the school and perform such other duties as may be required of him by the board of managers with a view of carrying out the provisions of this article.
19.5. Prohibition of corporal punishment, aversive interventions, and seclusion and the authorized limited use of timeout and physical restraint.
(a) Prohibition of corporal punishment.
(1) No teacher, administrator, officer, employee or agent of a school district in this State, a board of cooperative educational services (BOCES), a charter school, State-operated or State-supported school, an approved preschool program, an approved private school, an approved out-of-State day or residential school, or a registered nonpublic nursery, kindergarten, elementary or secondary school in this State, shall use corporal punishment against a pupil.
(2) As used in this section, corporal punishment means any act of physical force upon a pupil for the purpose of punishing that pupil, except as otherwise provided in paragraph 3 of this subdivision.
(3) In situations in which alternative procedures and methods not involving the use of physical force cannot reasonably be employed, nothing 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;
(ii) to protect another pupil or teacher or any person from physical injury;
(iii) to protect the property of the school, school district or others; or
(iv) to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school or school district functions, powers and duties, if that pupil has refused to comply with a request to refrain from further disruptive acts.
(b) Prohibition of the use of aversive interventions.
(1) No public school, BOCES, charter school, approved preschool program, approved private school, State-operated or State-supported school in this State, approved out-of-state day or residential school, or registered nonpublic nursery, kindergarten, elementary or secondary school in this State shall employ the use of aversive behavioral interventions to reduce or eliminate maladaptive behaviors, except as provided pursuant to section 200.22(e) and (f) of this Title.
(2) As used in this section, aversive intervention means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including such interventions as:
(i) contingent application of noxious, painful, intrusive stimuli or activities; strangling, shoving, deep muscle squeezes or other similar stimuli;
(ii) any form of noxious, painful or intrusive spray, inhalant or tastes;
(iii) 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;
(iv) movement limitation used as a punishment, including but not limited to helmets and mechanical restraint devices; or
(v) other stimuli or actions similar to the interventions described in subparagraphs (i) through (iv) of this paragraph.
The term does not include such interventions as 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.
200.22. Program standards for behavioral interventions.
(c) Use of time out rooms. Except for situations that pose an immediate concern for the physical safety of a student or others as provided for in section 19.5(d)(1) of this Title, the use of timeout shall be used in conjunction with a behavioral intervention plan that is designed to teach and reinforce the alternative appropriate behaviors.
(1) Each school shall ensure that timeout is used consistent with the requirements of section 19.5(d)(1) of this Title.
(2) A student's IEP shall specify when a behavioral intervention plan includes the use of timeout, including the maximum amount of time a student will need timeout as a behavioral consequence as determined on an individual basis in consideration of the student's age and individual needs.
(3) The school district shall inform the student's parents prior to the initiation of a behavioral intervention plan that will incorporate the use of timeout and shall give the parent the opportunity to see the room or physical space that will be used and provide the parent with a copy of the school's policy on the use of timeout.
(d) Use of physical restraint. Physical restraint, as such term is defined in section 19.5(b)(7) of this Title shall be used only in situations in which immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others. Each school shall ensure that physical restraint is used consistent with the requirements of section 19.5(d)(2) of this Title.
(1) Physical restraints shall not be used as a punishment or as a substitute for systematic behavioral interventions that are designed to change, replace, modify or eliminate a targeted behavior.
(2) Physical restraint shall not be used as a planned intervention on a student's individualized education program or behavioral intervention plan.
(3) Staff training. Staff who may be called upon to implement physical restraint shall be provided with appropriate evidence-based training safe and effective physical restraint procedures in accordance with sections 19.5(d)(8) of this Title and section 200.15(h)(1) of this Part as applicable.