Bill > A05148

This bill prohibits certain punishments and interventions in schools by establishing comprehensive guidelines that ban corporal punishment, chemical restraints, mechanical restraints, aversive interventions, and seclusion. The legislation defines these terms in detail, including what constitutes an "aversive intervention" (actions intended to induce pain or discomfort to eliminate student behavior) and provides specific exceptions. The bill authorizes limited use of timeouts and physical restraints only in situations posing an immediate danger of serious physical harm, and only after less restrictive interventions have been attempted. Schools must develop multi-tiered support systems, ensure staff are trained in de-escalation techniques, and follow strict protocols when using timeouts or physical restraints, including continuous monitoring, immediate parental notification, and thorough documentation. The bill requires annual staff training, mandates schools create written policies about these interventions, and establishes an annual reporting requirement for schools. Notably, the legislation also creates a private right of action, allowing parents to sue if their child is injured due to a violation of these guidelines. The overall goal is to protect students from harmful disciplinary practices while providing safe, supportive alternative intervention strategies.

Education

https://www.nysenate.gov/legislation/bills/2025/A5148