BY Lisa Taapken

In July 2023, the New York State Board of Regents adopted a series of regulatory amendments relating to student discipline and physical interventions meant to further protect student safety during all instances of physical interventions, provide clarification on when aversive techniques and physical interventions may be used, and expand on what constitutes prohibited corporal punishment. The amendments also align various New York laws and conform applicable New York rules and regulations to certain definitions established by the United States Department of Education. Additional rules applicable to students with disabilities were also promulgated.

Most notably, these amendments expanded the prohibition on corporal punishment to also prohibit the use of seclusion, or “timeout rooms,” that are locked and not monitored, and the use of the prone position as a restraint. Physical restraints remain permissible only in scenarios where immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others. Further, there is a prohibition against using physical restraint as a planned intervention on a student’s IEP, Section 504 Plan, or behavioral intervention plan.

In addition, schools must update their policies and procedures to ensure compliance with the amendments, and publish their amended policies and procedures to their websites. Schools must also provide annual staff training on these issues, and more frequently to staff who may have responsibility for implementing the school’s applicable policies and procedures.

These regulatory amendments, which went into effect on August 2, 2023, apply to all school districts, charter schools, state-approved nonpublic schools for children with disabilities, and registered nonpublic schools. If you fall into one of these categories, we recommend that you review the regulatory amendments and your student discipline and related intervention policies to ensure compliance with the new requirements. If you require assistance in doing so or have any questions, please do not hesitate to contact our office.

This is not legal advice and is attorney advertising.