Establishes a maximum temperature in school buildings and indoor facilities.
TITLE OF BILL: An act to amend the education law, in relation to establishing a maximum temperature in school buildings and indoor facilities
PURPOSE: To protect the health and safety of students by requiring that all school facilities establish a maximum temperature to ensure the health, safety and well being of students, faculty and staff.
SUMMARY OF PROVISIONS: Section 1 of the bill amends the education law by adding a new section 409-k to state that all common, union free, central, central high schools, city school districts, and boards of cooperative educational services shall establish policies prohibiting the occupiable, educational spaces in all school buildings and indoor facilities from use by students, faculty, and staff while such spaces are found to be ninety degrees Fahrenheit or greater.
EXISTING LAW: Current law provides for minimum temperatures in school buildings to ensure the health and safety of students, faculty and staff, but does not address maximum temperatures.
JUSTIFICATION: The recent heat wave that occurred in early June of 2008, and the class room conditions that ensued, prompted the introduction of this legislation. At that time, the heat wave resulted in classroom temperatures that ranged from 94 to 101 degrees inside many school buildings. In the city of Yonkers, several students passed out or became physically ill, while one teacher was sent to the hospital due to an asthma attack from the excessive heat.
School districts throughout the state routinely close during the winter months due to a lack of heat or dangerously cold climate/precipitation conditions, so students and students and teachers cannot be expected to endure similarly dangerous conditions that arise from extreme heat. Current law is not specific in this regard and leaves sole discretion for closing schools up to the school district, while conditions related to heating, lighting, ventilation, sanitation and health, fire, and accident protection are specifically legislated. By establishing a maximum temperature in schools, a school district will have clear cut guidelines for permitting classroom activity to continue, thereby ensuring the health and safety of students and school personnel.
LEGISLATIVE HISTORY: 2008 - S.8716 - Died Rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3324--D 2009-2010 Regular Sessions IN SENATE March 16, 2009 ___________Introduced by Sens. STEWART-COUSINS, ADAMS, ADDABBO, DIAZ, HASSELL-THOMPSON, KRUEGER, PERKINS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Education 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 education law, in relation to establishing a maximum temperature in school buildings and indoor facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 409-k to read as follows: S 409-K. MAXIMUM TEMPERATURES IN SCHOOL BUILDINGS AND FACILITIES. ALL COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOLS, CITY SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES SHALL DEVELOP A POLICY FOR ENSURING THE HEALTH AND SAFETY OF STUDENTS AND FACULTY ON EXTREME HEAT CONDITION DAYS. FOR THE PURPOSE OF THIS SECTION, EXTREME HEAT CONDITION DAYS SHALL BE DEFINED AS DAYS WHEN THE OCCUPIABLE EDUCATIONAL SPACES ARE FOUND TO BE NINETY DEGREES FAHRENHEIT OR GREATER. FOR THE PURPOSE OF THIS SECTION, ROOM TEMPERATURE SHALL BE MEASURED AT A SHADED LOCATION, THREE FEET ABOVE THE FLOOR NEAR THE CENTER OF THE ROOM. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10047-08-0