On August 17, 2022, Governor Hochul signed Chapter 516 of the Laws of 2022 (“Chapter 516”), which, effective immediately, amended New York State Education Law relating to same day notification to a parent or guardian of a student with a disability where certain behavioral interventions are used.
Chapter 516 requires the board of education or trustees of each school district to develop a procedure to notify a student with a disability’s parent or person in parental relation on the same day a physical or mechanical restraint is used on the student or the student is placed in a time-out room. When the student’s parent or person in parental relation cannot be contacted after reasonable attempts are made, the principal shall record and report such attempts to the committee on special education.
School districts should review and, as necessary, revise their policies, procedures, and practices to ensure that they comply with the requirements of Chapter 516 and New York State regulations relating to emergency interventions and the use of time-out rooms. School districts should also work collaboratively with any school or program where resident preschool or school-age students with disabilities are receiving services to ensure the Chapter 516 notification requirements are met.
Additional information and resources can be found in the field memorandum Chapter 516 of the Laws of 2022 Relating to Same-Day Notification to a Parent or Person in Parental Relation of a Student with a Disability Where Certain Behavioral Interventions are Used,posted on the Office of Special Education’s News, Announcements and Timely Information webpage.
Questions regarding Chapter 516 may be directed to the Office of Special Education’s Policy Unit at speced@nysed.gov.