New York

Statewide restrictions on restraint (R) or (S) : Reg (R&S)

Final Regulations Relating to Behavioral Interventions including Aversive Interventions - Effective January 31, 2007
(Summary: http://www.vesid.nysed.gov/specialed/behavioral/januarysummary.htm)  

8 NY ADC §§ 19.5, 200.1 (lll) and (mmm) and 200.22.

Assembly Bill A01862  (proposed statute 2/17/09) AN ACT to amend the  education  law  and  the  mental  hygiene  law,  in  relation  to  establishing  standards, procedures and protocol for the use of restraints in schools:  http://assembly.state.ny.us/leg/?bn=A01862&sh=t  (1/12/09)

R or S restricted to ensure immediate physical safety of student or others  ......................... YES

Prone restraint banned  .......................................................................................................... NO

Automatic notice to parents after R or S  ............................................................................... Parent, DOE (R only)

Training of School Staff  ......................................................................................................... Staff R/S

Contact P&A: www.cqcapd.state.ny.us

P&A Activities:

 Action AlertPhysical Restraint in School Questionnaire,  by Disabilities Advocates, Inc., Albany NY (2/09).  Specific Examples of Inappropriate Use of Restraint or Seclusion include:

• School staff with no training repeatedly took down a student with autism. The procedure was done against the parent’s wishes and was contrary to clinical advice - that physical restraint would only aggravate the child’s behavior. 

• Another 14 year old with mild mental retardation was restrained by 3 teachers for pacing the halls.  When the student tried to flee, police were called in and led him out of the school in handcuffs.  The child’s mother, upon being notified, found her son’s ankles and wrists swollen from the handcuffs. 

• A 13 year old girl with ADHD and mental illness was confined and physically assaulted by a teacher who, without training, could not manage the child’s behavior.  The girl came home with hand prints on her face and black eyes