Bill Text: NY A05010 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the use of corporal punishment, as defined by the commissioner of education, in schools.

Spectrum: Moderate Partisan Bill (Democrat 17-3)

Status: (Passed) 2023-10-25 - signed chap.551 [A05010 Detail]

Download: New_York-2023-A05010-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5010--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by  M. of A. LAVINE, AUBRY, BURGOS, REYES, DeSTEFANO -- read
          once  and  referred  to  the  Committee  on  Education  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the education law, in relation to prohibiting corporal
          punishment in schools

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

     1    Section  1.  Subdivision  1  of  section 1125 of the education law, as
     2  added by chapter 180 of the laws of 2000, is amended to read as follows:
     3    1. "Child abuse" shall mean any of the following acts committed in  an
     4  educational  setting  by  an  employee or volunteer against a child: (a)
     5  intentionally or recklessly inflicting physical injury, serious physical
     6  injury or death, or (b) intentionally or recklessly engaging in  conduct
     7  which  creates a substantial risk of such physical injury, serious phys-
     8  ical injury or death, or (c) any child sexual abuse as defined  in  this
     9  section,  or  (d) the commission or attempted commission against a child
    10  of the crime of disseminating indecent materials to minors  pursuant  to
    11  article  two hundred thirty-five of the penal law, or (e) using corporal
    12  punishment as defined by the commissioner.
    13    § 2. Section 305 of the education law  is  amended  by  adding  a  new
    14  subdivision 60 to read as follows:
    15    60.  The commissioner shall promulgate rules and regulations prohibit-
    16  ing a teacher, administrator, officer, employee or agent of  any  school
    17  within the state from using corporal punishment.
    18    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08939-04-3