New York A 6046: Relates to certain prohibitions regarding the legal system and gender-affirming care

Status: SUBSTITUTED BY S2475B (as of 2023-06-10)

State: New York · Session: 2023-2024 · Bill: A 6046

Sponsors: Harry B. Bronson, Albert A. Stirpe, Alex Bores, Amy Paulin, Andrew Hevesi, Anna Kelles, Catalina Cruz, Chris Burdick, Daniel O'Donnell, David Weprin, Deborah Glick, Emily Gallagher, Gina Sillitti, Harvey Epstein, Jen Lunsford, Jessica Gonzalez-Rojas, Jo Anne Simon, John T. McDonald III, Karines Reyes, Kenny Burgos, Linda Rosenthal, MaryJane Shimsky, Michaelle C. Solages, Patricia Fahy, Rebecca Seawright

Bill Text

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A06046 Summary:

BILL NOA06046 

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SAME ASNo Same As

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SPONSORO'Pharrow

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COSPNSR

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MLTSPNSR

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Add Art 2-A §§24 - 27, amd §2801-a, Ed L

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Prohibits the use of certain restraints and aversive interventions against students; includes policies and procedures for responding to students who have mental health crises in school safety plans; provides that no student shall be subjected to chemical restraints, mechanical restraints, or seclusion on school property; requires the board of education or trustees of each public school and school district to develop a procedure to notify the parent or legal guardian of a student on the same day a physical restraint is applied on such student, such student is placed in a time out room, or such student is subjected to a prohibited form of discipline.

Go to top A06046 Actions:

BILL NOA06046 

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02/26/2025referred to education

01/07/2026referred to education

Go to topA06046 Committee&nbspVotes:

Go to topA06046 Floor&nbspVotes:

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

Go to topA06046 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6046

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 26, 2025
 ___________

 Introduced by M. of A. O'PHARROW -- read once and referred to the
 Committee on Education

 AN ACT to amend the education law, in relation to prohibiting the use of
 certain restraints and aversive interventions against students and
 including policies and procedures for responding to students having
 mental health crises in school safety plans

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "Protect Our Students In School Act".
 3 § 2. The education law is amended by adding a new article 2-A to read
 4 as follows:
 5 ARTICLE 2-A
 6 CONDITIONS ON USE OF CERTAIN FORMS OF DISCIPLINE
 7 Section 24. Definitions.
 8 25. Prohibition of corporal punishment and aversive inter-
 9 ventions.
 10 26. Limitations on use of seclusion and restraint.
 11 27. Parental notification and duties of the department.
 12 § 24. Definitions. For the purposes of this article, the following
 13 terms shall have the following meanings:
 14 1. "Corporal punishment" shall mean any act of physical force upon a
 15 student for the purpose of punishing that student or as a means of
 16 discipline. The definition of such term includes, but is not limited to,
 17 paddling, pinching, slapping, shoving, spanking, strangling, and
 18 hitting.
 19 2. "Aversive intervention" shall mean an intervention that is intended
 20 to induce pain or discomfort to a student for the purpose of eliminating
 21 or reducing maladaptive behaviors. The definition of such term does not
 22 include such interventions as voice control, limited to loud, firm
 23 commands; time-limited ignoring of a specific behavior; token fines as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09301-01-5

 A. 6046 2

 1 part of a token economy system; brief physical prompts to interrupt or
 2 prevent a specific behavior; interventions medically necessary for the
 3 treatment or protection of the student; or other similar interventions.
 4 The definition of such term includes, but is not limited to, such inter-
 5 ventions as:
 6 a. Use of ice applications, deep muscle squeezes, an automated aver-
 7 sive conditioning device, or other contingent application of noxious,
 8 painful, or intrusive stimuli or activities;
 9 b. Conditional food programs that include the denial or unreasonable
 10 delay of the provision of meals or intentionally altering staple food or
 11 drink in order to make it distasteful;
 12 c. Withholding of sleep, shelter, bedding, or bathroom facilities; and
 13 d. Other stimuli or actions similar to the interventions described in
 14 paragraphs a, b and c of this subdivision.
 15 3. "Chemical restraint" means a drug or medication used on a student
 16 to control behavior or restrict freedom of movement that is either not
 17 medically prescribed for the standard treatment of a student's medical
 18 or psychiatric condition or not administered as prescribed

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