New York A0 4158 would establish standards and procedures for the use of restraints in schools, and require reporting to parents if restraints are used. It also requires staff training in safe and appropriate restraint use. It will become effective 180 days after it is passed.
Use of physical restraint in public schools. a. The use of physical restraint may only be used in the following circumstances:
(1) as a last resort, when non-physical interventions have been tried and deemed ineffective; and
(2) when the student's behavior poses a threat of imminent and serious physical harm to self and/or others.
(3) Prohibitions. a. The use of physical restraint shall be prohibited in the following circumstances:
1. as a means of punishment; or
2. as a response to property destruction, disruption of school order,
a student's refusal to comply with a school rule or directive, or verbal
(4) Construction. a. Nothing in this section shall be construed to limit the protection authorized, afforded or required to students by state and federal law or regulation, including those provisions that provide for the rights of students who have been found eligible to receive special education programs and services.
(5) Mandatory reporting. a. Mandatory written reporting of the use of each instance of physical restraint in public schools shall be required. School personnel who administer the restraint shall immediately inform the school principal, assistant or school administrator of the restraint and by written report no later than the next school day.
(6) Training. a. The department is authorized and directed to establish training requirements for the use of restraints. Such training for school personnel shall be required to emphasize knowledge and techniques to preclude the use of physical restraint, de-escalate behavior which may require physical restraint, identify any risk associated with various types of restraint. b. Physical restraints shall not be used by any personnel unless he or she has completed the required training, in accordance with this subdivision, in the use of such restraint.
(7) Approved programs. A program of behavioral intervention or passive restraint established and implemented in accordance with regulations promulgated by the commissioner of mental retardation and developmental disabilities or the commissioner of mental health shall be deemed to comply with this section.
(8) Individualized education program. In the event that a student with an individualized education program is subject to a restraint, such state department or agency responsible for developing the student's individualized education program shall be reviewed to ensure that it requires the necessary services to encourage appropriate behavior and preempt or minimize the need for future restraint.
(9) High risk students. Students for whom restraint poses a risk of serious injury or death because of a physical or mental health condition or physical, mental or developmental disability, or any other reason, shall be identified by school officials who shall inform school personnel likely to come into contact with such student of such risk.
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CPI Training Can Help!
Nonviolent Crisis Intervention® training program techniques have been shown to be effective in both the prevention of and the safe use of physical restraint and seclusion. Our evidence-based program is designed to provide you with training in identifying the underlying causes of the student behaviors that can lead to restraint or seclusion. The training centers on prevention and de-escalation techniques and other alternatives to restraint and seclusion, as well as:
- Evaluating risk of harm.
- Monitoring for signs of distress.
- Documenting incidents.
- Safe, less-restrictive physical interventions to be used only as a last resort.
Our training can be tailored to the unique needs of your school. With our train-the-trainer option, select staff can be certified to teach the program to other staff in your school or district on a continuing basis. We also offer specialized materials to help you incorporate a comprehensive PBIS plan into your framework for decreasing problem student behavior and promoting positive behavior choices.
We have numerous programs coming up in New York, and a cost-effective, on-site training option is also available.