Establishes a maximum temperature in school buildings and indoor facilities; provides a definition of extreme heat condition days and the standard to measure room temperature.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9011A
SPONSOR: Eachus TITLE OF BILL:
An act to amend the education law, in relation to establishing a maximum
temperature in school buildings and indoor facilities
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires that all school facilities establish a maximum
temperature to ensure the health and safety of students, faculty, and
staff and to remedy classroom temperature when conditions become a
health risk.
SUMMARY OF PROVISIONS:
Section 1: Amends education law by adding a new section 409-n, which
creates maximum temperatures in school building and facilities. 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. When
schools reach maximum internal temperature, schools must follow proce-
dures for emergency evacuation as detailed currently in education law.
Section 2: Amends education law by requiting extreme heat conditions to
be added to building level emergency plans developed by the building-
level emergency response team established by a school district.
Section 3: Sets effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Clarifies that kitchen areas shall not be included and specifies possi-
ble heat remediation measures.
JUSTIFICATION:
While the state imposes a minimum classroom temperature, there are
currently no statutory limits on maximum temperatures in school build-
ings and indoor facilities throughout New York State to ensure that
excessive temperatures do not create health and safety risks to
students, faculty members and school employees.
This legislation will fix this oversight by defining a maximum temper-
ature in school buildings and requiring schools to design and follow
procedures for emergency evacuations.
PRIOR LEGISLATIVE HISTORY:
Senate
2017-2018 - S6351A, Referred to Education 2020 -S1626A, Referred to
Education
2021-2022- S1825A, Referred to Education
Assembly
2017-2018 - A7955A, Referred to Education 2020 - A7425A, Referred to
Education
2021-2022- A8214B, Referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
9011--A
IN ASSEMBLY
February 1, 2024
___________
Introduced by M. of A. EACHUS, DINOWITZ, SHIMSKY, ALVAREZ, TAYLOR, WALK-
ER, CUNNINGHAM, JACOBSON, GUNTHER, CONRAD, LUNSFORD, WALLACE,
SEAWRIGHT, OTIS, PAULIN, LEVENBERG, SHRESTHA, ZEBROWSKI, JENSEN,
SLATER, BRABENEC, SMITH, BARRETT, MORINELLO, LUPARDO, BURDICK, MILLER,
DURSO, FALL, JEAN-PIERRE, LAVINE, SAYEGH, McMAHON, CURRAN, STECK,
SILLITTI, HYNDMAN, HUNTER, WOERNER, PHEFFER AMATO, MEEKS, GONZALEZ-RO-
JAS, GIBBS, ZINERMAN, DeSTEFANO, STIRPE, GALLAHAN, REYES, BORES,
GANDOLFO, CLARK, COLTON -- read once and referred to the Committee on
Education -- 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:
1 Section 1. The education law is amended by adding a new section 409-n
2 to read as follows:
3 § 409-n. Maximum temperatures in school buildings and facilities. All
4 common, union free, central, central high schools, city school districts
5 and boards of cooperative educational services shall develop a policy
6 for ensuring the health and safety of students, faculty, and other
7 employees, on extreme heat condition days. For the purpose of this
8 section, extreme heat condition days shall be defined as days when the
9 occupiable educational and support services spaces are found to be
10 eighty-two degrees or greater Fahrenheit. For the purpose of this
11 section, support services spaces shall not include kitchen areas used in
12 the preparation of food for consumption by students. For the purpose of
13 this section, room temperature shall be measured at a shaded location,
14 three feet above the floor near the center of the room. Schools shall be
15 required to take action to relieve heat-related discomfort when the
16 occupied space temperature reaches eighty-two degrees Fahrenheit. These
17 actions may include, but are not limited to, turning off the overhead
18 lights, pulling down shades or blinds, turning on fans, opening class-
19 room doors and windows to increase circulation, turning off unused elec-
20 tronics that produce heat, and providing water breaks. Educational and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02813-03-4
A. 9011--A 2
1 support services spaces cannot be occupied if room temperature reaches
2 eighty-eight degrees Fahrenheit.
3 § 2. Paragraph a of subdivision 3 of section 2801-a of the education
4 law, as amended by section 1 of part B of chapter 54 of the laws of
5 2016, is amended to read as follows:
6 a. policies and procedures for response to emergency situations
7 including extreme heat conditions, such as those requiring evacuation,
8 sheltering, and lock-down. These policies shall include, at a minimum,
9 evacuation routes, shelter sites, and procedures for addressing medical
10 needs, transportation and emergency notification of parents and guardi-
11 ans;
12 § 3. This act shall take effect September 1, 2025.
