Looks as if NY programs will have to curtail their torture methods, intentional infliction of pain.
Does Ivy Ridge and the like qualify as "approved private schools" or "registered non-public secondary" school?
Other states should adopt similar Regulation.
Excerpt from:
New York State Psychological Association Task Force on Aversive Controls with Children
AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
August 21, 2006
Note to Regents: material to be deleted is double strikethrough; material to be inserted is in boldface.
Pursuant to Education Law sections 207, 210, 305, 4401, 4402, 4403, and 4410 1. Section 19.5 of the Rules of the Board of Regents is amended, effective June 23, 2006, as follows:
ยง 19.5 Prohibition of corporal punishment and certain behavioral interventions.
(a) Prohibition of corporal punishment.
(1) No teacher, administrator, officer, employee or agent of a school district in this State, [or of] a board of cooperative educational services (BOCES), a charter school, State-operated or State-supported school, an approved preschool program,
an approved private school, an
approved out-of-State day or residential school,
or a registered nonpublic nursery, kindergarten, elementary or secondary school in this State, shall use corporal punishment against a pupil.
[(b)] (2) As used in this section,
corporal punishment means any act of physical force upon a pupil for the purpose of punishing that pupil, except as otherwise provided in [subdivision (c)] paragraph 3 of this [section] subdivision. [(c)]
(3) In situations in which alternative procedures and methods not involving the use of physical force cannot reasonably be employed, nothing contained in this section shall be construed to prohibit the use of reasonable physical force for the following purposes:
[(1)] (i) to protect oneself from physical injury;
[(2)] (ii) to protect another pupil or teacher or any person from physical injury;
To be striken:
[strike][(3)] (iii) to protect the property of the school, school district or others; or [(4)] (iv) to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school or school district functions, powers and duties, if that pupil has refused to comply with a request to refrain from further disruptive acts. [/strike]
(b) Prohibition of the use of aversive behavioral interventions.
(1) No public school, BOCES, charter school, approved preschool program, approved private school, State-operated or State-supported school in this State, approved out-of-State day or residential school, or registered nonpublic nursery, kindergarten, elementary or secondary school in this State shall employ the use of aversive behavioral interventions to reduce or eliminate maladaptive behaviors, except as provided pursuant to section 200.22(e) and (f) of this Title.
(2) As used in this section,
aversive behavioral intervention means:
(i)
application of noxious, painful, intrusive stimuli or activities intended to induce pain such as electric skin shock, ice applications, hitting, slapping, pinching, kicking, hurling, strangling, shoving, deep muscle squeezes or other similar stimuli;
(ii)
any form of noxious, painful or intrusive spray, inhalant or tastes;
(iii)
withholding sleep, shelter, bedding, bathroom facilities or clothing;
(iv)
contingent food programs that include withholding meals or limiting essential nutrition or hydration or intentionally altering staple food or drink in order to make it distasteful;
(v)
movement limitation used as a punishment, including but not limited to helmets and mechanical restraint devices;
(vi)
the placement of a child unsupervised or unobserved in a room from which the student cannot exit without assistance; or NYSPA: Suggested
(vii) other stimuli or actions similar to the interventions described in subparagraphs (i) through (vi) of this paragraph. The term does not include such interventions as voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of the student; or other similar interventions.
2. Paragraphs (lll) and (mmm) are added to section 200.1 of the Regulations of the Commissioner of Education, effective June 23, 2006, as follows:
(lll) Aversive behavioral intervention means application of noxious, painful, intrusive stimuli or activities intended to induce pain such as electric skin shock, ice applications, hitting, slapping, pinching, kicking, hurling, strangling, shoving, deep muscle squeezes or other similar stimuli; any form of noxious, painful or intrusive spray, inhalant or tastes; withholding sleep, shelter, bedding, bathroom facilities or clothing; contingent food programs that include withholding meals or limiting essential nutrition or hydration or intentionally altering staple food or drink in order to make it distasteful; movement limitation used as a punishment, including but not limited to helmets and mechanical restraint devices; the placement of a child unsupervised or unobserved in a room from which the student cannot exit without assistance; or other similar stimuli or actions. The term does not include such interventions as voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of the student; or other similar interventions.
(mmm) Behavioral intervention plan means a plan that is based on the results of a functional behavioral assessment and, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs and intervention strategies to address the behavior.
3. Subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner of Education is amended, effective June 23, 2006, as follows:
(i) in the case of a student whose behavior impedes his or her learning or that of others, consider strategies,
including positive behavioral interventions, and supports and other strategies to address that behavior that are consistent with the requirements in section 200.22 of this Part; 4. Subparagraph (i) of paragraph (2) of subdivision (a) of section 200.7 of the Regulations of the Commissioner is amended, effective June 23, 2006, as follows:
(i) Conditional approval for private schools shall be limited to a period of one school year, or the period of time required to complete approval, and will be based on: (a) . . . (b) . . . (c) . . . (d) for schools operating as corporate entities, evidence of the following: (1) . . . (2) . . . (3) for out-of-state schools, a license or charter from the state education agency of the state in which the school is located; [and] (e) at least one onsite program review visit by program or
fiscal[fiscal to be striken] staff of the Education Department; and (f) submission for approval of the school?s procedures regarding behavioral interventions, including, if applicable, procedures for the use of aversive behavioral interventions.
5. Subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner of Education is amended, effective June 23, 2006, as follows:
(iv)
Schools may be removed from the approved list five business days after written notice by the commissioner indicating that there is a clear and present danger to the health or safety of students attending the school, and listing the dangerous conditions at the school, including, but not limited to, evidence that an approved private school is using aversive behavioral interventions to reduce or eliminate maladaptive behaviors of students without a child-specific exception provided pursuant to section 200.22(e) of this Part or that an approved private school is using aversive behavioral interventions in a manner inconsistent with the standards as established in section 200.22 (f) of this Part. 6. Paragraph (
is added to subdivision (b) of section 200.7 of the Regulations of the Commissioner of Education, effective June 23, 2006, as follows:
(
Except as provided in subdivision (e) of section 200.22 of this Part, an approved private school, a State-operated school, or a State-supported school is
prohibited from using corporal punishment and aversive behavioral interventions to reduce or eliminate maladaptive behaviors of students. 7. Paragraph (6) is added to subdivision (c) of section 200.7 of the Regulations of the Commissioner of Education, effective June 23, 2006, as follows:
(6) Policies and procedures relating to the use of aversive behavioral interventions.
Not later than August 15, 2006, a private school that proposes to use or to continue to use aversive behavioral interventions in its program shall submit its written policies and procedures on behavioral interventions to the Department with certification that the school?s policies, procedures and practices are demonstrably in compliance with the standards established in section 200.22(f) of this Part. Any school that fails to meet this requirement shall be immediately closed to new admissions of New York students and shall be prohibited from using aversive behavioral interventions with any New York State student placed in such program. Failure to comply with this requirement may result in termination of private school approval pursuant to paragraph (3) of subdivision (a) of this section.
Much, much more at:
http://www.nyspa.org/associations/3096/ ... s_8221.pdf