New York

Mechanical restraint means the use of any device or equipment to restrict a student’s freedom of movement. Mechanical restraint does not include devices implemented by trained school personnel, or utilized by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, such as: (i) adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; (ii) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; (iii) restraints for medical immobilization; or (iv) orthopedically prescribed devices that permit a student to participate in activities without risk of harm.

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move their arms, legs, body, or head freely. Physical restraint does not include a physical escort or brief physical contact and/or redirection to promote student safety, calm or comfort a student, prompt or guide a student when teaching a skill or assisting a student in completing a task, or for other similar purposes.

There is no definition for chemical restraint in the law.

Timeout means a behavior management technique that involves the monitored separation of a student in a non-locked setting and is implemented for the purpose of de-escalating, regaining control, and preparing the student to meet expectations to return to their education program in accordance with subdivision (d) of this section. The term timeout shall not include: (i) a student-initiated or student-requested break to utilize coping skills, sensory input, or self-regulation strategies; (ii) use of a room or space containing coping tools or activities to assist a student to calm and self-regulate, or the use of such intervention strategies consistent with a student with a disability’s behavioral intervention plan as defined in section 200.1(mmm) of this Title; or (iii) a teacher removal, in-school suspension; or any other appropriate disciplinary action.

Seclusion means the involuntary confinement of a student alone in a room or space that they are physically prevented from leaving or they may perceive that they cannot leave at will. Seclusion does not include timeout as defined in paragraph (11) of this subdivision.

Corporal punishment means any act of physical force upon a student for the purpose of punishing that student. The term does not include the use of physical restraints, as defined in paragraph (7) of this subdivision, to protect the student, another student, teacher or any other person from physical injury when alternative procedures and methods not involving the use physical restraint cannot reasonably be employed to achieve these purposes

Not for a seclusion room, but the law addresses space for a time-out room. A room or physical space used for purposes of timeout may be located within a classroom or outside of the classroom and shall comply with the following requirements: (a) The room or physical space shall: (1) be unlocked, and any door must be able to be opened from the inside. The use of locked rooms or physical spaces is prohibited. (2) provide a means for continuous visual and auditory monitoring of the student; (3) be of adequate width, length and height to allow the student to move about and recline comfortably; (4) be clean and free of objects and fixtures that could be potentially dangerous to a student; and (5) meet all local fire and safety codes. (b) Wall and floor coverings shall, to the extent practicable, be designed to prevent injury to the student and there shall be adequate lighting and ventilation. (c) The temperature of the room or physical space shall be within the normal comfort range and consistent with the rest of the building.

Use of physical restraint. Physical restraint shall only be used in a situation in which immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others. (i) The type of physical restraint used shall be the least restrictive technique necessary and be discontinued as soon as the imminent danger of serious physical harm has resolved. (ii) Physical restraint shall never be used in a manner that restricts the student’s ability to breathe or communicate or harms the student. (iii) The use of prone restraint is prohibited. (iv) Physical restraint shall not be used as a planned intervention on a student’s individualized education program, Section 504 accommodation plan, behavioral intervention plan, or other plan developed for a student by the school. (v) Physical restraint shall not be used to prevent property damage except in situations where there is imminent danger of serious physical harm to the student or others and the student has not responded to positive, proactive intervention strategies. (vi) Physical restraints shall be administered only by staff who have received training in accordance with paragraph (7) of this subdivision. (vii) Following a physical restraint, if an injury has been sustained or believed to have been sustained, the school nurse, pursuant to section 902(2)(b) of the Education Law or other medical personnel (i.e., physician, physician assistant, or a nurse practitioner) shall evaluate the student to determine and document if any injuries were sustained during the incident.

No criteria are specified.

Prohibition of the use of corporal punishment, aversive interventions, and seclusion. (1) No teacher, administrator, officer, employee or agent of a school shall use the following against a student: (i) corporal punishment; (ii) aversive interventions; or (iii) seclusion.

Prohibition of the use of corporal punishment, aversive interventions, and seclusion. (1) No teacher, administrator, officer, employee or agent of a school shall use the following against a student: (i) corporal punishment; (ii) aversive interventions; or (iii) seclusion.

Prohibition of the use of corporal punishment, aversive interventions, and seclusion. (1) No teacher, administrator, officer, employee or agent of a school shall use the following against a student: (i) corporal punishment; (ii) aversive interventions; or (iii) seclusion.

Except as provided in section 200.22(c) of this Title, timeout shall only be used in a situation that poses an immediate concern for the physical safety of the student or others. Staff shall return the student to their educational program as soon as the student has safely deescalated, regained control and is prepared to meet expectations. Section 200.22(c): Except for situations that pose an immediate concern for the physical safety of a student or others as provided for in section 19.5(d)(1) of this Title, the use of timeout shall be used in conjunction with a behavioral intervention plan that is designed to teach and reinforce alternative appropriate behaviors. (1) Each school shall ensure that timeout is used consistent with the requirements of section 19.5(d)(1) of this Title. (2) A student's IEP shall specify when a behavioral intervention plan includes the use of timeout, including the maximum amount of time a student will need to be in timeout as a behavioral consequence as determined on an individual basis in consideration of the student's age and individual needs. (3) The school district shall inform the student's parents prior to the initiation of a behavioral intervention plan that will incorporate the use of timeout and shall give the parent the opportunity to see the room or physical space that will be used and provide the parent with a copy of the school's policy on the use of timeout.

Parental notification. Each school shall develop a procedure to: (i) ensure same day notification to a parent or person in parental relation to the student following the use of timeout, including timeout used in conjunction with a student’s behavioral intervention plan consistent with section 200.22(c) of this Title, or use of a physical restraint. When the student’s parent or person in parental relation cannot be contacted, after reasonable attempts are made, the school principal or building administrator shall record such attempts. For students with disabilities, the school principal or building administrator shall report such attempts to the student’s committee on preschool special education or committee on special education. Such notification shall offer the parent the opportunity to meet regarding the incident; and (ii) provide the parent or person in parental relation to the student a copy of the documentation of the incident within three school days of the use of timeout or a physical restraint.

Same day notification.

The use of physical restraint and timeout and substantiated and unsubstantiated allegations of use of corporal punishment, mechanical restraint and other aversive interventions, prone physical restraint, and seclusion.

All cases required to be reported annually.

Annual reporting. Beginning with the 2024-2025 school year, each public school district, board of cooperative educational services, charter school, State-operated school pursuant to Articles 87 and 88 of the Education Law, and private residential school operated pursuant to Article 81 of the Education Law, shall submit an annual report on the use of physical restraint and timeout and substantiated and unsubstantiated allegations of use of corporal punishment, mechanical restraint and other aversive interventions, prone physical restraint, and seclusion to the department, on a form and at a time prescribed by the commissioner in accordance with the requirements of section 100.2(bb)(2). In addition, public school districts shall report such data for students for whom they are the district of residence, and who are otherwise not reported, including students attending a State-supported school pursuant to Article 85 of the Education Law, in-state and out-of-state private residential or non-residential school for the education of students with disabilities approved pursuant to Article 89 of the Education Law, or preschool special education program approved pursuant to section 4410 of the Education Law.

There is no specific requirement listed in the regulations, it is at the discretion of the commissioner.

Reports can be obtained through a Freedom of Information Law (FOIL) request. Online FOIL Submission Form; E-Mail to FOIL@nysed.gov

Public, Charter Schools, and Private Schools that receive state funding for education.

Staff training. (i) All staff shall receive annual training on the school’s policies and procedures related to the use of timeout and physical restraint; evidence-based positive, proactive strategies; crisis intervention and prevention procedures and de-escalation techniques. 6 (ii) In addition to the training requirements for all staff in subparagraph (i), any staff who may be called upon to implement timeout or physical restraint, shall receive annual, evidence-based training in safe and effective developmentally appropriate timeout and physical restraint procedures.