Bill Text: NY A06878 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 6878 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the use of handcuffs on students with a documented mental, physical or developmental disability in a public school located in a city with a population of a million or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-23 - referred to education [A06878 Detail]

Download: New_York-2013-A06878-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6878
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2013
                                      ___________
       Introduced by M. of A. BARRON -- read once and referred to the Committee
         on Education
       AN ACT to amend the education law, in relation to prohibiting the use of
         handcuffs  on  students with a documented mental, physical or develop-
         mental disability in a public school located in a city  with  a  popu-
         lation of a million or more
         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 section 3214-a
    2  to read as follows:
    3    S 3214-A. HANDCUFFS PROHIBITED; STUDENTS WITH DISABILITIES.  1.  IN  A
    4  PUBLIC  SCHOOL LOCATED IN A CITY WITH A POPULATION OF A MILLION OR MORE,
    5  THE USE OF HANDCUFFS ON A STUDENT WHO IS TWELVE YEARS  OLD  OR  YOUNGER,
    6  AND  WHO  HAS  AN  INDIVIDUALIZED  EDUCATION  PROGRAM  OR  OTHER FORM OF
    7  DOCUMENTATION CITING A PHYSICAL OR MENTAL HEALTH CONDITION OR  PHYSICAL,
    8  MENTAL OR DEVELOPMENTAL DISABILITY, SHALL BE PROHIBITED AS A RESPONSE TO
    9  PROPERTY DESTRUCTION, DISRUPTION OF SCHOOL ORDER, A STUDENT'S REFUSAL TO
   10  COMPLY  WITH  A  SCHOOL RULE OR DIRECTIVE, OR VERBAL THREATS THAT DO NOT
   11  CONSTITUTE A THREAT OF IMMINENT, SERIOUS PHYSICAL HARM.
   12    2. IN THE EVENT THAT SUCH  STUDENT  IS  INVOLVED  IN  AN  INCIDENT  OR
   13  DISTURBANCE,  AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE PRIN-
   14  CIPAL OR A SCHOOL ADMINISTRATOR SHALL IMMEDIATELY CONTACT THE  STUDENT'S
   15  PARENT OR PARENTS, GUARDIAN OR GUARDIANS OR COUNSELOR.
   16    3.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE ANY SCHOOL
   17  PERSONNEL OF A PUBLIC SCHOOL FROM  USING  REASONABLE  FORCE  TO  PROTECT
   18  STUDENTS,  OTHER PERSONS OR THEMSELVES FROM ASSAULT OR IMMINENT, SERIOUS
   19  PHYSICAL HARM.
   20    S 2. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law. Provided, however, that effective immediate-
   22  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   23  necessary  for  the implementation of this act on its effective date are
   24  authorized and directed to be made  and  completed  on  or  before  such
   25  effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08001-01-3