The Examiner

New Law Requires Schools to Notify Parents for Behavioral Intervention

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Assemblyman Chris Burdick’s measure that mandates public schools notify parents of children with disabilities the same day as a behavioral intervention is now law.

Legislation that requires all New York State public school districts to provide same-day notification to the family of a student with a disability where behavioral intervention is required was recently signed into law by Gov. Kathy Hochul.

Assemblyman Chris Burdick (D-Bedford) introduced the bill in the Assembly following a meeting he had with concerned parents in the 93rd Assembly District, which he represents. The measure was sponsored and carried in the Senate by state Sen. Peter Harckham (D-Lewisboro) and was overwhelmingly approved earlier this year.

Hochul signed the bill on Aug. 19.

Burdick said there had been no uniform notification standard for school personnel to follow when they felt it was needed to seclude or restrain a student to address a behavioral issue. Many students with disabilities are autistic and some are non-verbal, making communication with their parents or guardians difficult, if not impossible, after one of those techniques are needed, he said.

“You can’t have that conversation with your child when they get home about how is your day,” Burdick said last week. “(Parents) wouldn’t know if their child was put into seclusion or some other behavioral restraint has been applied. So we’re thrilled this was signed.”

For some students, behavioral techniques, such as restraint holds or the use of seclusion rules, are part of their individualized education program. It is often used as a method to prevent students from hurting themselves, other children or school staff.

Timely notification is vital to ensure the well-being of a student, and even more so if they are non-verbal, Burdick added. He said these students need emotional support from a parent or guardian after being secluded or restrained and there can be harmful effects even when used those measures are used appropriately.

“We had reports of parents not being notified for upwards of three months and for multiple incidents of seclusion, and so, the state Education Department (did) not require a same-day notification requirement,” Burdick said. “We felt it would be the proper course to have it done on a statewide basis.”

Harckham said he was appreciative that Burdick took the lead to address the issue and that Hochul signed the bill. Children and families need timely communication on all school-related matters, including those who have behavioral interventions.

“Safeguarding our students, including those with unique abilities, needs to be an utmost priority, and this new law will help do just that,” Harckham said.

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