What's happening
This bill bans public funding for schools and programs using aversive interventions on children and creates a holistic autism treatment center at SUNY Downstate.
Why it matters
Restricts taxpayer dollars from supporting controversial or potentially harmful behavioral practices. by ending public funding for schools and programs that use aversive interventions (like electric shocks, food deprivation, or physically painful stimuli), the bill aims to shift government-supported treatment toward more humane standards for children with disabilities or behavioral challenges.
Defines “aversive interventions” in detail. , setting a clear statewide legal standard for what is and isn’t permissible in educational and care settings for children—including those placed out-of-state—potentially influencing how all agencies, schools, and care providers shape their disciplinary and therapeutic strategies.
Creates a public center focused on holistic, less drug-dependent autism treatment. the SUNY Downstate center will emphasize innovative therapies that avoid aversive methods and minimize prescription medication, potentially increasing research and access to alternative approaches for families seeking non-traditional autism care.
Encourages collaboration among New York’s universities and research institutes. , aiming to position the new center as a statewide hub for both applied treatment and research into holistic therapies for autism, which could influence best practices and policy beyond the institution itself.
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Who cares
Headline styles
Ban Painful Discipline in Schools
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 3655b
- Amend and recommit to children and families
- Referred to children and families
- Print number 3655a
- Amend (t) and recommit to finance
- Reported and committed to finance
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Harmful Discipline in Schools
In Assembly Committee · Children And Families · Sponsor Jo Anne Simon
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3655--B
2017-2018 Regular Sessions
IN SENATE
January 25, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to the development of standards for the use of aversive interventions for children in public and private schools and programs, including residential facilities; and to amend the mental hygiene law, in relation to a holistic autism spectrum disorder treatment center
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 7, 8 and 9 of section 483-d of the social services law are renumbered subdivisions 8, 9 and 10 and a new subdivision 7 is added to read as follows:
7. Aversive interventions. (a) No public funding shall support placement of a child in any program or school that engages in the use of aversive interventions on children in violation of this subdivision. A school or program using aversive interventions in violation of this subdivision shall be removed from any registry of approved schools or programs after written notice by the member agency.
(b) Definitions. As used in this subdivision:
(i) "Aversive interventions" means an intervention known or intended to induce pain or discomfort for the purpose of eliminating or reducing maladaptive behaviors, and include but are not limited to:
(1) contingent application of noxious, painful, intrusive stimuli or activities;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00476-06-8
S. 3655--B 2
(2) any form of noxious, painful, or intrusive taste, spray, or inhalant;
(3) withholding sleep, shelter, bedding, bathroom facilities or clothing;
(4) contingent food programs that include denial or delay of meals or intentionally altering staple food or drink in order to make it distasteful;
(5) movement limitation used as a punishment, including but not limited to use of helmets and mechanical restraint devices;
(6) electric shock therapy; and
(7) other similar stimuli, treatments, interventions, or actions.
The foregoing to the contrary notwithstanding, aversive interventions do not include interventions such 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.
(ii) "Child" means an individual who is twenty-one years of age or less, provided that a member agency may utilize an alternative definition of a child, including specifying a different age, for purposes of compliance with this subdivision, so long as such definition is standard and appropriate to its placement procedures.
(iii) "Member agency" means a state agency that is a member of the out-of-state placement committee.
(iv) "Public funding" means funding for care, services, programs, and services programs which are provided or approved directly or indirectly by or under the jurisdiction of a member agency, exclusive of funding for which federal requirements or directives override, supersede, or require approval in a manner contrary to the requirements of this subdivision, or for which, in the judgment of the member agency, compliance with this subdivision would violate federal law or regulations.
(v) The terms "care," "services," and "services programs" have the same meanings as in subdivision one of section four hundred eightythree-b of this article.
(vi) "School" means any residential or non-residential public or private school located within or outside the state that provides instruction to a child and that: (A) is subject to oversight, inspection, regulation, approval or licensure or certification by any member agency; or (B) receives public funding, including funding for the placement of any child in such school. School as used herein includes a public school, BOCES, charter school, preschool program, private school, state-operated or state-supported school in this state, approved out-ofstate day or residential school, or registered nonpublic nursery, kindergarten, elementary or secondary school in this state.
(vii) "Program" means any residential or non-residential public or private program, other than a school, that provides care, services, programs, and services programs to a child and that: (A) is subject to oversight, inspection, regulation, approval or licensure or certification by any member agency; or (B) receives public funding, including funding for the placement of any child in such school.
§ 2. The mental hygiene law is amended by adding a new section 13.43 to read as follows: § 13.43 Holistic autism spectrum disorder treatment center.
(a) There is hereby established within the children's hospital at SUNY downstate medical center a holistic autism spectrum disorder treatment
S. 3655--B 3
center. The center shall focus on innovative and demonstrably effective treatments that avoid any of the aversive interventions as described in subdivision seven of section four hundred eighty-three-d of the social services law, and that attempt, to the extent feasible, to minimize the use of prescription drugs and focus on complementary and alternative medicine.
(b) The center shall also attempt to integrate holistic treatment techniques into existing communities with special emphasis on providing access to affordable holistic care and treatment, organic and natural food regimens, family respite opportunities, violence prevention best practices, and educational course coordination.
(c) The holistic autism spectrum disorder treatment center shall serve as the applied medicine focus of the autism spectrum disorders advisory board as established in section 13.42 of this article.
(d) The autism spectrum disorders advisory board shall, within one year of the effective date of this section, recommend to the chairs of the senate and assembly health committees a minimum budget and funding for the holistic spectrum disorder treatment center and oversee a selection search for a chair of the center.
(e) The center shall also serve as a designated center of excellence for research into holistic therapies for the treatment of the array of autism spectrum disorders.
(f) In order to tap fully the benefits to the people of New York state the holistic autism spectrum disorder treatment center will require affiliation with and cooperation among all major centers of higher learning, including medical colleges, and existing life science research institutes in the state. The board of trustees of the state university is encouraged to enter into appropriate legal agreements to enable this cooperation to prosper.
§ 3. Severability. If any portion of this act or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not affect or invalidate the remainder of any provision of this act or the application of any part thereof to any other person or circumstances and to this end each of the provisions of this act are hereby declared to be separable.
§ 4. This act shall take effect January 1, 2019; provided that, effective immediately, member agencies of the out-of-state placement committee are authorized and directed to promulgate any regulations necessary to implement the provisions of this act on such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the development of standards for the use of aversive interventions for children in public and private schools and programs, including resi- dential facilities; and to amend the mental hygiene law, in relation to a holistic autism spectrum disorder treatment center
Purpose or general idea of bill
To amend the Social Services law, to prohibit public funding to facili- ties providing aversive interventions, including but not limited to electric shock therapy, and to establish a holistic medicine focused autism spectrum disorder treatment and research center.
Summary of provisions
Section 1. Subdivisions 7, 8, and 9 of section 483-d of the social services law are renumbered subdivisions 8, 9 and 10 and a new subdivi- sion 7 is added to read as follows: No public funding shall be used to promote aversive interventions on children. A school or program that uses aversive interventions shall be removed from the approved registry schools list after an agency member turns in a written notice.
Read the full memo (674 words)
(b). Definitions
(i). 'Aversive interventions' is defined as an act to inflict pain or distress for the purpose of eradicating certain behaviors of a child. These include but are not limited to; the contingent application of noxious, painful, intrusive stimuli or activities, denial or delay of meals, movement limitation as punishment, inhalants, withholding sleep, shelter, bedding, bathroom facilities or clothing limitations etc.
(ii). A Child is defined as a person twenty-one years or younger. However, a qualified member agency may specify a different age, to conform to industry practice.
(iii). 'Member agency' means a state agency that is a member of the out-of-state placement committee.
(iv). 'Public funding' means funding for care, services, and programs, that are provided or approved directly or indirectly by or under the jurisdiction of a member agency.
(v). 'Care', 'services', and 'service program' have the same meanings as in subdivision one of section four hundred eighty-three--b of this arti- cle.
(vi). 'School' means any residential or non-residential public or private school located within or outside the state that provides instruction to a child. A "school" includes a public school, BOCES, charter school, preschool program, private school, a state-operated or state-supported school in this state, or registered nonpublic nursery.
(vii). 'Program' means any residential or non-residential public or private program, other than school, that provides care, services, programs, and services to a child.
Section 2 creates a holistic autism spectrum disorder treatment center at the Children's Hospital at SUNY Downstate Medical Center. The proposed center will be overseen by the autism spectrum disorders advi- sory board, and will focus on innovative treatments that avoid and aver- sive interventions that utilize, to the extent medically feasible, complementary and alternative medicine alternatives.
The center will also serve as a research and applied medicine center, and will coordinate with the Board of Trustees of the State University to enter into cooperative research agreements with other centers. The center will also focus on finding methods to maximize enlightened care to the special conditions of individual communities that traditionally have not been the focus of existing treatment centers.
Section 3 provides a severability clause.
Section 4 provides for an effective date of January 1, 2019, but author- izes participating state agencies to propose and promulgate necessary regulations immediately.
Justification
Use of aversive interventions violate a child's rights and his or her wellbeing. Contentious use of aversive intervention, such as electric shock therapy, can lead to death or mental psychological injuries.
Prior legislative history
2017: S.3655A - Reported and Committed to Finance 2017: S.3655A - Referred to Children and Families 2016: S.7587 - Referred to Children and Families 2008: S.207 - Committed to Finance 2008: S.207 - Referred to Social Services, Children and Families
Fiscal implications
None.
Effective date
This act shall take effect January 1, 2019, provided that, effective immediately, member agencies of the out-of-state placement committee are authorized and directed to promulgate any regulations necessary to implement the provisions of this act on such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.