Permanent Adoption of the Amendment of Section 19.5 of the Rules of the Board of Regents and Sections 100.2, 200.1, 200.7, 200.15, and 200.22 to the Regulations of the Commissioner of Education Relating to the Prohibition of Corporal Punishment, Aversive Interventions, Prone Restraint, and Seclusion; Permitted Use of Timeout and Restraint; and Data Collection Requirements–Office of Special Education Listserv Memo 8-17-2023

  1. At the July 2023 Board of Regents meeting, the Board approved for permanent adoption the amendment of sections 19.5 of the Rules of the Board of Regents and Sections 100.2, 200.1, 200.7, 200.15, and 200.22 of the Regulations of the Commissioner of Education. The amended regulations:
  2. prohibit the use of corporal punishment, aversive interventions, prone restraint, and seclusion;
  3. authorize the limited use of timeout and physical restraint;
  4. establish new annual data reporting requirements relating to corporal punishment, aversive interventions, seclusion, timeout, and physical restraint; and
  5. conform Part 200 of the Regulations of the Commissioner of Education relating to students with disabilities to the new requirements on the use of timeout and physical restraints.
  1. The regulations took effect on August 2, 2023. Schools must take steps to review and revise their policies, procedures, and practices to ensure that they are in compliance with the new regulatory requirements, including ensuring that all staff have training on the revised policies and procedures.
  2. Guidance on the new regulatory requirements will be forthcoming.
  3. Questions regarding the new requirements may be directed to the Office of Student Support Services at studentsupportservices@nysed.gov. Questions regarding the requirements specific to students with disabilities may be directed to the Office of Special Education at speced@nysed.gov.

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