Assemblywoman Michaelle Solages, D-Elmont, speaks during a 2023 news conference.

The state Board of Regents limited how schools can use punishments such as the use of restraints or time out last year.

State Assemblywoman Michaelle Solages, D-Elmont, wants to make those state regulations past of state law. Solages recently introduced A.10644 in the state Assembly to make it illegal to use certain punishments and interventions in schools. The bill is among those introduced since the end of the 2024 state legislative session that could be taken up when the state Legislature reconvenes starting in January.

“A healthy and safe learning environment is crucial for a child’s emotional and physical well being. However, thousands of students across New York State face trauma and risk of physical injury and death due to dangerous restraint and seclusion techniques used in schools. Federal data has shown that reports of the number of students subjected to physical restraints in New York school districts have been generally increasing since the 2013-14 school year, not including during the period of school closures due to COVID-19. In the 2017-18 school year, an alarming 1 out of every 1,000 public school students has been physically restrained,” Solages wrote in her legislative justification.

The state Board of Regents’ new rules took effect in August 2023, in time for the 2023-24 school year but with little time for additional training before the school year began. Physical restraint and timeouts are permitted only when there’s an immediate concern for the physical safety of others. School districts had to adopt a written policy that outlines administrative practices and procedures on the use of timeout and physical restraint and make it available to the public; use proactive strategies to address behavior concerns, such as multi-tiered systems of support and de-escalation techniques; provide same-day notification to parents or guardians following the use of timeouts and/or physical restraint; document each incident involving the use of timeouts and physical restraint; and train all staff members each year who might be called upon to implement timeouts or physical restraint regarding how to do this safely and effectively, based on research.

Much of the same language in the regulations is included in Solages’ bill. Legislators often try to place regulatory language or court opinions into state law because it is harder to change state law than it is to change a regulation or to overturn a court decision. Codifying the legislation makes it easier for those interested to find applicable law rather than attempting to find them in regulatory language in individual state agencies.

“This bill will simply codify in state law the regulations unanimously passed by the (state) Board of Regents, with minor differences,” Solages wrote.

Solages’ bill includes a right of action for parents or parental guardians to sue to recover damages for those who violate the law, if it is passed. The state Education Department regulations do not include that right to sue for damages. A right of private action is becoming a common practice among majority legislators in the state Legislature.