Bill Text: NY S05261 | 2023-2024 | General Assembly | Amended

---

Bill Title: Requires the commissioner of education to promulgate rules and regulations prohibiting the use of corporal punishment in schools.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2023-06-06 - SUBSTITUTED BY A5010A [S05261 Detail]

Download: New_York-2023-S05261-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         5261--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 28, 2023
                                       ___________

        Introduced by Sens. SALAZAR, LIU, BRISPORT, CLEARE, GONZALEZ, GOUNARDES,
          HOYLMAN-SIGAL,  JACKSON  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          reported  favorably from said committee and committed 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.
                                                                   LBD09841-04-3