New York A 5148: Prohibits certain punishments and interventions in schools

Bill Text

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A05148 Summary:

BILL NOA05148 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSR

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MLTSPNSR

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Add Art 2-A §§20 - 25, amd §1125, Ed L

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Prohibits certain punishments and interventions in schools including corporal punishment, chemical restraints, mechanical restraints and other aversive interventions; authorizes limited use of timeouts and necessary physical restraints; creates a private right of action for violations.

Go to top A05148 Actions:

BILL NOA05148 

&nbsp

02/12/2025referred to education

01/07/2026referred to education

Go to topA05148 Committee&nbspVotes:

Go to topA05148 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05148 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5148

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Education

 AN ACT to amend the education law, in relation to prohibiting certain
 punishments and interventions in schools

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The education law is amended by adding a new article 2-A to
 2 read as follows:
 3 ARTICLE 2-A
 4 PROHIBITION OF CERTAIN PUNISHMENTS AND INTERVENTIONS
 5 Section 20. Purpose of article.
 6 21. Definitions.
 7 22. Prohibition of certain punishments and interventions.
 8 23. Authorized limited use of timeouts and physical restraints.
 9 24. Annual reporting.
 10 25. Private right of action.
 11 § 20. Purpose of article. The purpose of this article shall be to
 12 establish uniform guidelines that prohibit the use of corporal punish-
 13 ment, chemical restraints, aversive interventions, and seclusion and to
 14 authorize limited use of timeout and physical restraint in schools to
 15 address student behaviors.
 16 § 21. Definitions. For the purposes of this article, the following
 17 terms shall have the following meanings:
 18 1. (a) "Aversive intervention" means an intervention that is intended
 19 to induce pain or discomfort for the purpose of eliminating or reducing
 20 student behavior, including but not limited to the following:
 21 (i) contingent application of noxious, painful, intrusive stimuli or
 22 activities, or strangling, shoving, deep muscle squeezes, or other stim-
 23 uli;
 24 (ii) any form of noxious, painful or intrusive spray, inhalant or
 25 tastes;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05503-01-5

 A. 5148 2

 1 (iii) contingent food programs that include the denial or delay of the
 2 provision of meals or intentionally altering staple food or drink in
 3 order to make it distasteful;
 4 (iv) movement limitation used as a punishment, including, but not
 5 limited to, helmets and mechanical restraints;
 6 (v) chemical restraints; or
 7 (vi) other similar stimuli or actions.
 8 (b) The term "aversive intervention" shall not include interventions
 9 such as voice control, limited to loud, firm commands; time-limited
 10 ignoring of a specific behavior; token fines as part of a token economy
 11 system; brief physical prompts to interrupt or prevent a specific behav-
 12 ior; interventions medically necessary for the treatment or protection
 13 of a student; or other similar interventions.
 14 2. "Corporal punishment" means any act of physical force upon a
 15 student for the purpose of punishing such student.
 16 3. "Chemical restraint" means a drug or medication used on a student
 17 to control behavior or restrict freedom of movement that is not:
 18 (a) prescribed by a licensed physician, or other qualified health
 19 professional acting under the scope of the professional's authority
 20 under state law, for the standard treatment of a student's medical or
 21 psychiatric condition; and
 22 (b) administered as prescribed by the licensed physician or other
 23 qualified health professional acting under the scope of the profes-
 24 sional's authority under state law.
 25 4. "De-escalation" means the use of a behavior management technique
 26 that helps a student increase control over their emotions and behavior
 27 and results in a reduction of a presen