Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

New York

The Commissioner assigned staff members to immediately review, and if appropriate, revise the state policies and guidelines to ensure that every student in every school is safe and protected from being unnecessarily restrained or secluded. On September 1, 2009, after a comprehensive review, the statewide coordinator for Special Education, Office of Vocational and Educational Services for Individuals with Disabilities, and the associate commissioner, Office of Instructional Support and Development, issued a field memorandum on this issue to publicize the regulations and guidance of the New York State Education Department (NYSED) governing the use of inappropriate interventions. This memorandum was sent prior to the start of the 2009–2010 school year to help ensure that no child is subjected to the abusive or potentially deadly use of seclusion or restraint in a school.

The memorandum was sent to district superintendents, the superintendent of schools in New York City, superintendents of state-operated schools, superintendents of state-supported schools, principals of public schools, principals of nonpublic schools, administrators of charter schools, directors of pupil personnel services, directors of special education, chairpersons of the Committee on Preschool Special Education, chairpersons of Committee on Special Education Impartial Hearing Officers, approved preschool special education programs, the commissioner’s advisory panel for special education services, the commissioner’s advisory panel for nonpublic schools, the Regional Special Education Technical Assistance Support Centers (RSE-TASC) regional coordinators and the regional school support centers.

Attachments to the field memorandum outline all the pertinent regulatory requirements relating to corporal punishment, aversive interventions, the use of time-out rooms, emergency interventions, behavioral assessments and behavioral intervention plans. Resources are also provided for Technical Assistance. Additionally, the information is posted on the NYSED Web site.
From: James P. DeLorenzo
Statewide Coordinator for Special Education, Office of Vocational and Educational Services for Individuals with Disabilities

To: Jean C. Stevens

Associate Commissioner, Office of Instructional Support and Development

Subject: Requirements Relating to the Use of Behavioral Interventions and Supports

On May 19, 2009, the United States (U.S.) House Committee on Education and Labor held a hearing to examine the uses of seclusion and restraint in U.S. schools (http://edlabor.house.gov/documents/111/pdf/testimony/20090519GregKutzTestimony.pdf). In light of this national report, Arne Duncan, Secretary of the U.S. Department of Education, has asked each state to publicize its policies and guidance for school districts to help ensure that "every student in every school is safe and protected from being unnecessarily or inappropriately restrained or secluded" and so that "administrators, teachers, and parents understand and consent to the limited circumstances under which these techniques may be used; ensure that parents are notified when these interventions do occur; and provide the resources needed to successfully implement the policies and hold school districts accountable for adhering to the guidelines.” (see http://www.ed.gov/policy/elsec/guid/secletter/090731.html)

The purpose of this memorandum is to publicize the regulations and guidance of the New York State Education Department (NYSED) governing the use of such interventions and to provide information to districts on the importance of developing a district wide approach to promote academic achievement while minimizing problem behavior for all NYS students. Protecting the health and safety of its students is one of the primary responsibilities of each school. As such, each district and approved private school, special act school district and State-operated school is required to establish a school district code of conduct and discipline that meets the requirements of Title 8 of the New York Code of Rules and Regulations (8 NYCRR)⁵ §1100.2(l). Each school's code of conduct and discipline and behavioral interventions must be developed consistent with NYSED regulations that promote the use of positive behavioral supports and interventions and prohibit or limit use of certain types of behavioral interventions for students. NYSED regulations:

• 
  Prohibit the use of corporal punishment [8 NYCRR §§19.5];
  
• 
  Prohibit the use of aversive interventions, with limited exceptions [8 NYCRR §§19.5 and 200.22];
  
• 
  Authorize the limited use of unlocked time out rooms where a student is observed by staff at all times when a student needs an area to safely deescalate, regain control and prepare to meet expectations to return to his or her education program [8 NYCRR §200.22(c)]; and
  
• 
  Authorize the use of reasonable physical force, including the use of physical restraints only in emergency situations in which alternative procedures and methods not involving the use of physical force cannot reasonably be employed [8 NYCRR §§19.5 and 200.22(d)].
  

The attachment outlines the regulatory requirements relating to corporal punishment, aversive interventions, use of time out rooms, emergency interventions, behavioral assessments and behavioral intervention plans. Please reference the Official Compilation of 8 NYCRR for regulatory language and for any subsequent amendments to these regulations. An unofficial compilation of these regulations can be found at: http://www.dos.state.ny.us/info/nycrr.htm. School personnel should carefully review these requirements to ensure compliance.

Positive Behavioral Interventions and Supports

All school districts and approved private schools should be taking steps to implement school-wide, classroom, small group and individualized systems of positive development in areas including techniques of group and child management, including crisis intervention and appropriate restraint training [8 NYCRR §200.15(f)(1)].

NYSED has technical assistance resources available to promote school safety and school district implementation of school wide systems of positive behavior support, including a State Positive Behavior Interventions and Supports (PBIS) initiative. PBIS is the “decision making framework that guides selection, integration and implementation of the best evidence-based academic and behavioral practices for improving important academic and behavior outcomes for all students”⁶. NYSED will be establishing a State Technical Assistance Center on PBIS in the spring of 2010 to provide further information dissemination on this school wide initiative. Many of the boards of cooperative educational services (BOCES) also offer technical assistance resources to school districts on this topic. NYSED has also developed Quality Indicator Review and Resource Guides relating to behavioral supports and interventions (http://www.vesid.nysed.gov/specialed/techassist/behaviorQI.htm).

In addition, because social and emotional development and learning has an important role to play in making schools safe and maintaining a caring school climate; facilitating students’ holistic development; and enhancing student motivation, self-expectations and high achievement, NYSED has drafted for comment “Guidelines and Resources for Social and Emotional Development and Learning (SEDL).” These guidelines promote the voluntary implementation of SEDL into elementary and secondary school education programs. Additional information on SEDL is available at http://www.emsc.nysed.gov/sss/sedl/.

NOTE: This outline is based on regulations in effect as of August 28, 2009. Please reference the Official Compilation of Codes, Rules and Regulation of the State of New York (8 NYCCRR) for regulatory language and for and any subsequent amendments to these regulations. An unofficial compilation of these regulations can be found at: http://www.dos.state.ny.us/info/nycrr.htm.

Resources for Technical Assistance

The following are NYS resources for further information and technical assistance to promote safe and appropriate educational environments.

New York State Center for School Safety

http://nyscenterforschoolsafety.org/services.html

Violence Prevention Technical Assistance Center

http://www.emsc.nysed.gov/nyc/VPTAC/home.html

Student Support Services Network

http://www.emsc.nysed.gov/sss/NetworkCoordinators.html

Regional Special Education Technical Assistance Support Centers

http://www.vesid.nysed/gov/specialed/techassist/rsetasc/home.html

Quality Indicator Review and Resource Guides relating to behavioral supports and interventions

http://www.vesid.nysed.gov/specialed/techassist/behaviorQI.htm

Coordinated Standards for Children’s System of Care developed by the Committee on Restraint and Crisis Intervention Techniques

http://www.ccf.state.ny.us/initiatives/RestraintRelate/RestraintResources/RestraintReport.pdf

Thank you for your attention to this important matter. Questions on this memorandum should be directed to the Special Education Policy Unit at 518-473-2878 or to the Office of Elementary, Middle, Secondary and Continuing Education at 518-486-6090.

Attachment