New York A 4183: Prohibits the use of corporal punishment in schools

Bill Text

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A04183 Summary:

BILL NOA04183 

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SAME ASNo Same As

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SPONSORMcDonough

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COSPNSR

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MLTSPNSR

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Amd §1125, Ed L

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Prohibits the use of corporal punishment in schools; defines corporal punishment to include prohibiting the use of aversive interventions and time out rooms.

Go to top A04183 Actions:

BILL NOA04183 

&nbsp

01/31/2025referred to education

01/07/2026referred to education

Go to topA04183 Committee&nbspVotes:

Go to topA04183 Floor&nbspVotes:

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

Go to topA04183 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4183

 2025-2026 Regular Sessions

 IN ASSEMBLY

 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:

 1 Section 1. Section 1125 of the education law is amended by adding
 2 three new subdivisions 11, 12 and 13 to read as follows:
 3 11. "Corporal punishment" shall mean any act of physical force upon a
 4 pupil for the purpose of punishing that pupil, including the use of
 5 aversive interventions and time out rooms, except in accordance with
 6 subdivision thirteen of this section. Corporal punishment shall not
 7 include the use of reasonable physical force to: (a) protect oneself or
 8 another pupil, teacher, or other person from physical injury; (b) to
 9 protect the property of the school, school district or others; or (c) to
 10 restrain or remove a pupil whose behavior is interfering with the order-
 11 ly exercise and performance of school or school district functions,
 12 powers and duties if such pupil has refused to comply with a request to
 13 refrain from further disruptive acts.
 14 12. "Aversive intervention" shall mean an intervention that is
 15 intended to induce pain or discomfort to a student for the purpose of
 16 eliminating or reducing maladaptive behaviors, including such inter-
 17 ventions as: (a) contingent application of noxious, painful, intrusive
 18 stimuli or activities; (b) any form of noxious, painful or intrusive
 19 spray, inhalant or tastes; (c) contingent food programs that include the
 20 denial or delay of the provision of meals or intentionally altering
 21 staple food or drink in order to make it distasteful; (d) movement limi-
 22 tation used as a punishment, including but not limited to helmets and
 23 mechanical restraint devices; or (e) other stimuli or actions similar to
 24 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

 1 intervention shall not include: voice control, limited to loud, firm
 2 commands; time-limited ignoring of a specific behavior; token fines as
 3 part of a token economy system; brief physical prompts to interrupt or
 4 prevent a specific behavior; interventions medically necessary for the
 5 treatment or protection of the student; or other similar interventions.
 6 13. "Time out room" shall mean an area for a student to safely deesca-
 7 late, regain control and prepare to meet expectations to return to their
 8 education program. Except for unanticipated situations that pose an
 9 immediate concern for the physical safety of a student or others, time
 10 out rooms shall only be used in conjunction with a behavioral inter-
 11 vention plan that is designed to teach and reinforce alternative appro-
 12 priate behaviors.
 13 (a) Each school which uses a time out room shall establish policies
 14 and procedures on the use of the time out room and such policies or
 15 procedures shall, at a minimum, include:
 16 (i) prohibiting placing a student in a locked room or space or in a
 17 room where the student cannot be continuously observed and supervised;
 18 (ii) factors which may precipitate the use of the time out room;
 19 (iii) time limitations for the use of the time out room;
 20 (iv) staff training on the policies and procedures related to the use
 21 of