AMENDMENT OF THE RULES OF THE BOARD OF REGENTS AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

      Pursuant to Education Law sections 101, 207, 215, 305, 4401, 4402, 4403, and 4410.

1.  Section 19.5 of the Rules of the Board of Regents is REPEALED, and a new section 19.5 is added as follows:

          19.5 Prohibition of corporal punishment, aversive interventions, and seclusion and the authorized limited use of timeout and physical restraint.

            (a) Purpose of section. The purpose of this section is to establish uniform guidelines that prohibit the use of corporal punishment, aversive interventions and seclusion and authorize the limited use of timeout and physical restraint in schools to address student behaviors.

          (b) Definitions.  As used in this section, the following terms shall have the following meanings:

          (1) Aversive intervention means an intervention that is intended to induce pain or discomfort for the purpose of eliminating or reducing student behavior, including such interventions as:

          (i) contingent application of noxious, painful, intrusive stimuli or activities; strangling, shoving, deep muscle squeezes or other similar stimuli;

          (ii) any form of noxious, painful or intrusive spray, inhalant or tastes;

          (iii) contingent food programs that include the denial or delay of the provision of meals or intentionally altering staple food or drink in order to make it distasteful;

          (iv) movement limitation used as a punishment, including but not limited to helmets and mechanical restraints as defined in paragraph (4) of this subdivision; or

          (v) other stimuli or actions similar to the interventions described in this paragraph. The term shall 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) 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.

            (3) De-escalation means the use of a behavior management technique that helps a student increase control over their emotions and behavior and results in a reduction of a present or potential level of danger to the student or others.

          (4) 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.

          (5) Multi-tiered system of supports means a proactive and preventative framework that utilizes data to inform instruction and the allocation of services to maximize achievement for all students and support students’ social, emotional and behavioral needs from a culturally responsive and strength-based perspective.

            (6) Physical escort means a temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student who is acting out to walk to a safe location.

          (7) 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.

(8) Prone restraint means physical or mechanical restraint while the student is in the face down position.

(9)  School means a public school district, board of cooperative educational services, charter school, State-operated and State-supported school pursuant to articles 85, 87 and 88 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 operating under Article 81 of the Education Law, State-administered Prekindergarten (PreK) program directly operated by a school district, board of cooperative educational services, or an eligible agency, as defined in section 151-1.2(b) of this Title, or operated by a school district in collaboration with an eligible agency, preschool special education program approved pursuant to Education Law section 4410, and registered nonpublic nursery school, kindergarten, and high school, and a nonpublic school serving grades 1 through 8 that has a registered high school, in this State.

(10) 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.

(11) 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.

(c) 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.

(2) For purposes of this subdivision the term “agent” shall include, but not be limited to, school resource officers, except when a student is under arrest and handcuffs are necessary for the safety of the student and others.

          (d) Authorized limited use of timeout and physical restraint.  Positive, proactive, evidence- and research-based strategies through a multi-tiered system of supports shall be used to reduce the occurrence of challenging behaviors, eliminate the need for the use of timeout and physical restraint, and improve school climate and the safety of all students.  Timeout and physical restraint may be used only when: other less restrictive and intrusive interventions and de-escalation techniques would not prevent imminent danger of serious physical harm to the student or others; there is no known medical contraindication to its use on the student; and school staff using such interventions have been trained in its safe and appropriate application in accordance with the requirements of paragraph (7) of this subdivision. Timeout and physical restraints shall not be used as discipline or punishment, retaliation, or as a substitute for positive, proactive intervention strategies that are designed to change, replace, modify, or eliminate a targeted behavior.

(1) Use of timeout.  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 de-escalated, regained control and is prepared to meet expectations.

          (i) 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.

(ii) Staff shall continuously monitor the student in a timeout room or space.

(iii) Staff functioning as timeout monitors shall be trained in accordance with paragraph (7) of this subdivision.

          (2) 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.

(3) 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.

(4) Documentation. (i) The school shall maintain documentation of each incident involving 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, and/or physical restraint on each student, which shall include:

(a) the name and date of birth of the student;

(b) the setting and location of the incident;

(c) the name of the staff who participated in the implementation, monitoring and supervision of the use of timeout and/or physical restraint and any other persons involved;

(d) a description of the incident including duration, and for physical restraint, the type of restraint used;

(e) whether the student has an individualized education program, Section 504 accommodation plan, behavioral intervention plan, or other plan developed for the student by the school;

(f) a list of all positive, proactive intervention strategies utilized prior to the use of timeout and/or physical restraint; and for students with disabilities, whether those strategies were consistent with a student’s behavioral intervention plan, if applicable;

(g) the details of any injuries sustained by the student or staff during the incident and whether the student was evaluated by the school nurse or other medical personnel;

(h) the date and method of notification to the parent or person in parental relation pursuant to paragraph (3) of this subdivision and whether a meeting was held; and

(i) the date of the debriefing held consistent with the requirements of paragraph (5) of this subdivision.

(ii) Documentation of the incident shall be reviewed by supervisory personnel and, as necessary, the school nurse or other medical personnel.

(iii) Documentation of each incident shall be maintained by the school and made available for review by the department upon request. 

(5) Debriefing. As soon as practicable, and after every incident in which timeout and/or a physical restraint is used on a student, a school administrator or designee shall:

          (i) meet with the school staff who participated in the use of timeout and/or physical restraint to discuss:

(a) the circumstances leading to the use of timeout and/or physical restraint;

(b) the positive, proactive intervention strategies that were utilized prior to the use of timeout and/or physical restraint; and

(c) planning for the prevention and reduction of the future need for timeout and/or physical restraint with the student including, if applicable, whether a referral should be made for special education programs and/or other support services or, for a student with a disability, whether a referral for review of the student’s individualized education program and/or behavioral intervention plan is needed; and

(ii) direct a school staff member to debrief the incident with the student in a manner appropriate to the student's age and developmental ability and to discuss the behavior(s), if any, that precipitated the use of timeout and/or physical restraint.

          (6) Review of documentation.  The school administrator or designee shall regularly review documentation on the use of timeout and physical restraint to ensure compliance with school’s policy and procedures. When there are multiple incidents within the same classroom or involving the same staff, the school administrator or designee shall take appropriate steps to address the frequency and pattern of use.

(7) 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.

(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.

          (8) Written policy. (i) Each school shall adopt a written policy that establishes administrative practices and procedures regarding the use of timeout and physical restraint consistent with this subdivision. Such policy and procedures shall at a minimum include:

          (a) factors which may precipitate the use of the timeout or physical restraint;

          (b) developmentally appropriate time limitations for the use of timeout and physical restraint;

(c) prohibiting placing a student in a locked room or space or in a room where the student cannot be continuously observed and supervised;

(d) prohibiting the use of prone restraint;

(e)  the requirements in section 200.22(c) of this Title relating to students with disabilities whose behavioral intervention plan includes the use of timeout as a behavioral consequence;

(f) staff training provided in accordance with the requirements of paragraph (7) of this subdivision;

          (g) information to be provided to the parent or person in parental relation, including a copy of the timeout and physical restraint policy; and

          (h) notifying the parent or person in parental relation on the same day when a student is placed in a timeout or a physical restraint is used in accordance with the requirements of paragraph (3) of this subdivision; and

(i) data collection to monitor patterns of use of timeout and physical restraint.

(ii) The written policy shall be made publicly available for review at the district or school administrative office(s) and each school building, and posted on the school’s website, if one exists.

(e) 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.

2.  Paragraph (3) of subdivision (l) of section 100.2 of the Regulations of the Commissioner of Education is amended to read as follows:

(3) Corporal punishment.

          (i) The term corporal punishment, as used in this section, shall [mean any act of physical force upon a pupil for the purpose of punishing that pupil. Such term, as used in this section, shall not mean the use of reasonable physical force for any of the following purposes:

          (a) to protect oneself from physical injury;

          (b) to protect another pupil or teacher or any other person from physical injury;

          (c) to protect the property of the school or of others; or

          (d) to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school district functions, powers or duties, if that pupil has refused to comply with a request to refrain from further disruptive acts;

provided that alternative procedures and methods not involving the use of physical force cannot reasonably be employed to achieve the purposes set forth in clauses (a) through (d) of this subparagraph] have the same meaning as such term is defined in section 19.5(b)(2) of this Title.

          (ii) In every school district and supervisory district, the trustee, trustees, board of education or board of cooperative educational services, shall submit a written semiannual report to the Commissioner of Education, by January 15th and July 15th of each year, commencing July 1, 1985 through the 2023-2024 school year, setting forth the substance of each complaint about the use of corporal punishment received by the local school authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case.  Beginning with the 2024-2025 school year, the reporting provisions of section 19.5(e) of this Title and paragraph (2) of subdivision (bb) of this section shall apply.

          3. Paragraph (2) of subdivision (bb) of section 100.2 of the Regulations of the Commissioner of Education is amended to read as follows:

(2) Each school district shall submit, at a time and in a format specified by the commissioner, electronic records for each student who was enrolled in a public school in the district or placed out of the district for educational services by the district committee on special education, committee on preschool special education or a district official and who meets one or more of the criteria listed in subparagraph (ii), (iii) or (iv) of this paragraph.

(i) …

(ii) …

(iii) …

(iv) …

(v) …

(vi) …

(vii) …

(viii) …

          4. Subdivision (lll) of section 200.1 of the Regulations of the Commissioner of Education is amended to read as follows:

          (lll) Aversive intervention means the same as such term is defined in section [19.5(b)(2)]19.5(b)(1) of this Title.

5. Clause (f) of subparagraph (i) of paragraph (2) of subdivision (a) section 200.7 of the Regulations of the Commissioner of Education are amended to read as follows:

          (f) submission for approval of the school's procedures regarding behavioral interventions[, including, if applicable, procedures for the use of aversive interventions].

            6. Paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner of Education is amended to read as follows:

          (3) Denial or termination of private school approval. Private schools may be denied approval or removed from New York's list of private schools approved for reimbursement with public funds, or such approval may be terminated according to the following procedure:

          (i) .  .  .

          (ii) .  .  .

          (iii) .  .  .

          (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 corporal punishment, aversive interventions, and/or seclusion as defined in section 19.5 of this Title, 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 interventions in a manner inconsistent with the standards as established in section 200.22(f) of this Part].

            7. Paragraph (8) of subdivision (b) of section 200.7 of the Regulations of the Commissioner of Education is amended to read as follows:

          (8) [Aversive interventions prohibited.

          (i) Except as provided in section 200.22(e) of this Part, an] Pursuant to section 19.5 of this Title, an approved preschool program, approved private school serving school age students with disabilities, a State-operated school, or a State-supported school is prohibited from using corporal punishment, aversive interventions and seclusion to reduce or eliminate [maladaptive] behaviors of students

[(ii) An approved preschool program is prohibited from using aversive interventions with preschool students with disabilities without exception].

            8. Paragraph (6) of subdivision (c) of section 200.7 of the Regulations of the Commissioner of Education is REPEALED.

          9. Paragraph (3) of subdivision (b) of section 200.15 of the Regulations of the Commissioner of Education is amended as follows:

          (3) Reportable incident means the following conduct that a mandated reporter is required to report to the Vulnerable Persons' Central Register:

          (i) Abuse means physical abuse, sexual abuse, psychological abuse, deliberate inappropriate use of restraints, unauthorized use of aversive interventions, obstruction of reports of reportable incidents, and unlawful use or administration of a controlled substance.

          (a) Physical abuse means conduct by a custodian intentionally or recklessly causing, by physical contact, physical injury or serious or protracted impairment of the physical, mental or emotional condition of a student or causing the likelihood of such injury or impairment. Such conduct may include but shall not be limited to: slapping, hitting, kicking, biting, choking, smothering, shoving, dragging, throwing, punching, shaking, burning, cutting or the use of corporal punishment. Physical abuse shall not include reasonable [emergency interventions] physical restraints, as defined in section 19.5(b)(7) of this Title, necessary to protect the safety of any person.

          (b) .  .  .

          (c) .  .  .

          (d) Deliberate inappropriate use of restraints means the use of a restraint when the technique that is used, the amount of force that is used or the situation in which the restraint is used is deliberately inconsistent with a student's individual treatment plan or behavioral intervention plan, generally accepted treatment practices and/or any applicable Federal or State laws, regulations or policies including but not limited to the prohibition of the use of corporal punishment and aversive interventions in section 19.5 of this Title, except when the restraint is used as a reasonable [emergency intervention] physical restraint, as defined in section 19.5(b)(7) of this Title, to prevent imminent risk of harm to a person receiving services or to any other person. Restraint includes the use of any manual, pharmacological or mechanical measure or device to immobilize or limit the ability of a student to freely move his or her arms, legs or body.

          (e) Use of aversive interventions, as such term is defined in section 19.5(b)(1) of this Title, means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing [maladaptive] student behaviors.

          (f) .  .  .

          (g) .  .  .

          (ii) .  .  .

          (iii) Significant incident means an incident, other than an incident of abuse or neglect that because of its severity or the sensitivity of the situation may result in, or has the reasonably foreseeable potential to result in, harm to the health, safety or welfare of a student and shall include but not be limited to:

          (a) .  .  .

          (b) conduct on the part of the custodian, which is inconsistent with a student's individual treatment plan or IEP, generally accepted treatment practices and/or applicable Federal or State laws, regulations or policies and which impairs or creates a reasonably foreseeable potential to impair the health, safety or welfare of a student, including but not limited to:

          (1) ...

          (2) unauthorized use of [time out] timeout, which means the use of a procedure in which a student is removed from regular programming and isolated in a room or area for the convenience of a custodian, or as a substitute for programming but shall not include the use of [a time-out as an emergency intervention] timeout, as defined in section 19.5(b)(11) of this Title, to protect the health or safety of the individual or other persons or the use of [a time out room] timeout used in conjunction with a student's IEP or behavioral intervention plan pursuant to section 200.22(c) of this Part;

          (3) .  .  .

          (4) ...

10. Paragraph (3) of subdivision (b) of section 200.22 of the Regulations of the Commissioner of Education is amended to read as follows:

(3) [Except as provided in subdivision (e) of this section, a] A behavioral intervention plan shall not include the use of corporal punishment, aversive interventions, seclusion, or physical restraints as such terms are defined in section 19.5 of this Title.

11. Subdivisions (c) and (d) of section 200.22 of the Regulations of the Commissioner of Education are amended as follows:          

(c) Use of [time out rooms] timeout.

          [A time out room is an area for a student to safely deescalate, regain control and prepare to meet expectations to return to his or her education program.  Time out rooms are to] 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 [in which a student is removed to a supervised area in order to facilitate self-control or to remove a student from a potentially dangerous situation and as provided in paragraph (3) of this subdivision] that is designed to teach and reinforce alternative appropriate behaviors.

          (1) Each school [which uses a time out room as part of its behavior management approach] shall ensure that [the school’s policy and procedures on the use of the time out room timeout are developed and implemented consistent with this subdivision including the physical and monitoring requirements, parental rights and IEP requirements for students with disabilities. The school’s policy and procedures shall minimally include:

          (i) prohibiting placing a student in a locked room or space or in a room where the student cannot be continuously observed and supervised;

          (ii) factors which may precipitate the use of the time out room;

          (iii) time limitations for the use of the time out room;

          (iv) staff training on the policies and procedures related to the use of time out room;

          (v) data collection to monitor the effectiveness of the use of time out rooms; and

          (vi) information to be provided to parents] 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 [a time out room for a student with a disability] timeout, including the maximum amount of time a student will need to be in [a time out room] timeout as a behavioral consequence as determined on an individual basis in consideration of the student's age and individual needs.

          (3) [Except for unanticipated situations that pose an immediate concern for the physical safety of a student or others, the use of a time out room shall be used only in conjunction with a behavioral intervention plan that is designed to teach and reinforce alternative appropriate behaviors.

          (4)] The school district shall inform the student's parents prior to the initiation of a behavioral intervention plan that will incorporate the use of [a time out room for a student] timeout and shall give the parent the opportunity to see the room or physical space that will be used [as a time out room] and provide the parent with a copy of the school's policy on the use of [time out rooms] timeout.

          [(5) The physical space used as a time out room shall provide a means for continuous visual and auditory monitoring of the student. The room shall be of adequate width, length and height to allow the student to move about and recline comfortably. Wall and floor coverings should be designed to prevent injury to the student and there shall be adequate lighting and ventilation. The temperature of the room shall be within the normal comfort range and consistent with the rest of the building. The room shall be clean and free of objects and fixtures that could be potentially dangerous to a student and shall meet all local fire and safety codes.

          (6) The time out room shall be unlocked and the door must be able to be opened from the inside. The use of locked rooms or spaces for purposes of time out is prohibited.

          (7) Staff shall continuously monitor the student in a time out room. The staff must be able to see and hear the student at all times.

          (8) The school shall establish and implement procedures to document the use of the time out room, including information to monitor the effectiveness of the use of the time out room to decrease specified behaviors.

          (9) For an education program operated pursuant to section 112 of the Education Law and Part 116 of this Title, if a provision of this section relating to use of time out rooms conflicts with the rules of the respective State agency operating such program, the rules of such State agency shall prevail and the conflicting provisions of this section shall not apply.]

          12. Subdivisions (d) of section 200.22 of the Regulations of the Commissioner of Education is amended as follows:

          (d) [Emergency/interventions.      

          (1) For purposes of this subdivision, emergency means a situation in which immediate intervention involving the use of reasonable physical force pursuant to section 19.5(a)(3) of this Title is necessary.

          (2) Use of emergency interventions

          (i) Emergency interventions.]

Use of physical restraint. Physical restraint, as such term is defined in section 19.5(b)(7) of this Title shall be used only in situations 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. Each school shall ensure that physical restraint is used consistent with the requirements of section 19.5(d)(2) of this Title.

          [(ii) Emergency interventions] (1) Physical restraint shall not be used as a punishment or as a substitute for systematic behavioral interventions that are designed to change, replace, modify or eliminate a targeted behavior.

          (2) Physical restraint shall not be used as a planned intervention on a student’s individualized education program or behavioral intervention plan.

          (3) Staff training. Staff who may be called upon to implement [emergency interventions] physical restraint shall be provided with appropriate [training in] evidence-based training in safe and effective physical restraint procedures in accordance with [sections 100.2(l)(1)(i)(g)] sections 19.5(d)(8) of this Title and 200.15(h)(1) of this Part, as applicable.

          [(4) Documentation. The school must maintain documentation on the use of emergency interventions for each student, which shall include the name and date of birth of the student; the setting and the location of the incident; the name of the staff or other persons involved; a description of the incident and the emergency intervention used, including duration; a statement as to whether the student has a current behavioral intervention plan; and details of any injuries sustained by the student or others, including staff, as a result of the incident.  The parent of the student shall be notified and documentation of emergency interventions shall be reviewed by school supervisory personnel and, as necessary, the school nurse or other medical personnel.

(5) Applicability. For an education program operated pursuant to section 112 of the Education Law and Part 116 of this Title, if a provision of this section relating to emergency interventions conflicts with the rules of the respective State agency operating such program, the rules of such State agency shall prevail and the conflicting provision of this section shall not apply]

13. Subdivisions (e) and (f) of section 200.22 of the Regulations of the Commissioner of Education are REPEALED.