I was recently in a debate with someone online regarding the legality of Corporeal Punishment in New York.
I came across the New York Codes, Rules and Regulations where I found this.
(emphasis mine)
It would seem to me from here that corporeal punishment is illegal in NYS.
However, my disputant claims that this is neither a law nor a statute. In truth (to my unlearned eye), it would seem that the New York Codes, Rules and Regulations (from which the quoted section is derived) is not part of NYS law (although I could be wrong).
If so, is it, in fact, illegal in NYS? If not, what is the purpose of the NYCRR? Is it merely advisory, or does it carry some force of law?
Corporal punishment is illegal in all NY schools, public or private. New York is one of 31 states with such a ban. More details, and data on how many kids are hit in the other 19 states, available at this site.
My question, I guess, then becomes this: what force of law does the NYCRR have? Is it, in fact, law? Or is it just some regulation? Is violating it a misdemeanor or a felony?
The NYCRR consists of rules and regulations promulgated by various agencies to implement different laws. There is apparently some section of the Education law that permits the Education Department to regulate that list of entities, but the actual law wouldn’t go into a great deal of detail. The NYCRR is composed of regulations , not laws passed by a legislator and signed by a governor and and violating them is not a crime for which you could be imprisoned. You could, however, be fined ,or lose a license or a job and I suppose there might be cases in which you could lose a civil lawsuit for violating the regulations.
I don’t have time right now to find to look up the specifics, by my agency is required by Executive law to conduct certain hearings. The Executive law deals in generalities such as timeframes and standards of proof. The regulations are much more detailed and go into such issues as authorized dispositions and which personnel are authorized to perform which duties.
Wouldn’t violations be treated the same as if one adult slapped or spanked another?
Without such a regulation, and a management culture that condones corporal punishment, the agencies (dep. of education, schools, etc.) would be liable in related lawsuits rather than the individual teacher.
tangent: thank you dopers for not making a lame pun about ghostly (non-corporeal) punishment.
It is not criminal law, although a teacher could be charged with assault if the circumstances warranted. You say “just some regulation” as if that suggests it bears no weight. It means that if a teacher is charged with assault, for example, he can’t defend himself by saying “I was spanking the kid for being out of line.”
If a kid is subjected to corporal punishment, parents can file a complaint, and that would lead to some sort of hearing – not a criminal trial – where the teacher and/or his superiors would be subjected to discipline.
Except for a few very specialized or one-off enactments, all statute laws in New York State are codified in the New York Consolidated Statutes. (Usual way to reference them is by the titles of the individual chapters, such as Environmental Conservation Law, Vehicle and Traffic Lw, etc.)
But with a couple exceptions (Penal Law comes to mind) for the most part these statutes lay down the broad standards which state agencies are to use when promulgating regulations. Regulations promulgated in accordance with Legislature-passed statute have the force of law, but are somewhat easier to revise with changing circumstances.
What you have there is a regulation promulgated by the State Education Department in accordance with what I presume is Education Law, a chapter of the NYCS. It has the force of law.