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At their June 2006 meeting, the
NYS Board of Regents approved
"emergency" regulations that while
appearing to prohibit the use of "aversive
behavioral interventions" -- such as
electric skin shock, ammonia sprays, hot
pepper sauce on disabled student's tongues
-- actually legitimized the use of such
techniques for every public school,
preschool, state-approved private school,
and BOCES facility . A copy of the
regulations were posted on NYSED's
site. You can also download a copy
from this site in pdf
format.
NYSED has also uploaded its procedures
by which CSEs essentially decide to grant
themselves child-specific waivers -- even
if the Commissioner's Expert Panel
strongly cautions against it:
By presenting the regulations as
"emergency" regulations, the
NYS Education Department did not have
to have a period for public input and
commentary. The regulations went into
effect on June 23, and then there was a
period of public feedback that concluded
in August. At their September meeting, the
Board of Regents approved an emergency
extension of the emergency amendments.
Following review
of all the public input, the Regents
were provided with revised
amendments at their October meeting.
The Board of Regents will be voting at
their January 2007 meeting as to whether
to approved the revised amendments.
There was a one-month period for the
public to provide written feedback on the
revised amendments; no public hearings
were scheduled, and written feedback was
due by Dec. 15, 2006.
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