Directs all K - 12 public and private schools to keep information about the generally anticipated schedule of the use of certain substances used in the operation and maintenance of school buildings in a central place that is easily accessible to the public during business hours and copied at reasonable charge; requires such information to be available for 12 months and then to be subject to routine storage.
STATE OF NEW YORK
________________________________________________________________________
1860
2009-2010 Regular Sessions
IN ASSEMBLY
January 12, 2009
___________
Introduced by M. of A. NOLAN, COLTON, ESPAILLAT, GREENE, MARKEY, McENE-
NY, PHEFFER -- Multi-Sponsored by -- M. of A. COOK, FARRELL, GLICK,
HOOPER, JOHN, KOON, LIFTON, SWEENEY, WEINSTEIN, WEISENBERG -- read
once and referred to the Committee on Education
AN ACT to amend the education law, in relation to parental access to
information relating to school operation and maintenance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds that the
2 quality of the school environment is important to the health of our
3 children and the adults who work with them. Children and young adults
4 spend a significant portion of their lives in school buildings. The
5 legislature also finds that although all students and adults can be
6 vulnerable when exposed to certain substances, young children especially
7 have been shown to be generally more sensitive because of their small
8 body size, immature immune systems, and higher rate of growth. The
9 legislature also finds that information on the operation and maintenance
10 of school buildings and grounds may not be readily available, easily
11 accessible, or copied at a reasonable cost. Therefore, the legislature
12 finds that it is reasonable for members of the public, such as parents
13 and guardians, to have ready access to basic information on the
14 substances and activities used to operate and maintain school buildings
15 and school grounds.
16 § 2. The education law is amended by adding a new section 409-j to
17 read as follows:
18 § 409-j. Access to school health and safety information. 1. The
19 provisions of this section shall apply to all public and private schools
20 and educational institutions within the state, serving students at any
21 level from kindergarten through twelfth grade.
22 2. Every school or institution set forth in subdivision one of this
23 section shall maintain and make available, in a location easily accessi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01387-01-9
A. 1860 2
1 ble to the public during administrative hours, information on the stor-
2 age and anticipated schedule of normal use of the following substances:
3 (a) solvents as defined by the department of environmental conserva-
4 tion, including but not limited to, institutional floor wax strippers,
5 degreasers and paint thinners;
6 (b) all pesticides including, but not limited to, herbicides, fungi-
7 cides, insecticides and rodenticides as defined in section 33-0101 of
8 the environmental conservation law;
9 (c) all landscape maintenance chemicals, including but not limited to,
10 fertilizers;
11 (d) all chemicals used in laboratories; art rooms; and woodworking,
12 industrial, and other shops; and
13 (e) all cleaning solutions other than those used for personal hygiene,
14 including but not limited to floor maintenance chemicals.
15 3. Every school or institution set forth in subdivision one of this
16 section shall make available, in a location easily accessible to the
17 public during administrative hours, the following information:
18 (a) results of any tests, monitoring activities, remediation or
19 studies performed, or recommendations with respect to lead, asbestos,
20 radon, indoor air quality, drinking water quality, or other environ-
21 mental condition;
22 (b) the maintenance schedule of any heating, ventilation and air-con-
23 ditioning systems including the dates of maintenance performed and the
24 operational condition of the systems; and
25 (c) records of all actions taken or authorized by the school offi-
26 cials, school employees or school district to abate any environmental
27 quality, health and/or safety conditions or violations.
28 4. (a) Copies of the information required by subdivision three of this
29 section relating to the substances set forth in subdivision two of this
30 section shall be made available at a reasonable charge and such data may
31 also be available in electronic form if access is easily available and
32 instructions are provided.
33 (b) Annually, as determined by each school, such information filed
34 during the previous twelve months shall be stored in a location consist-
35 ent with other environmental and building maintenance documents for a
36 period of ten years unless such documents are required by federal or
37 state law to be stored for a longer period of time.
38 (c) At least annually, parents of all students shall receive printed
39 notice from either an individual school or the school district that such
40 information is available. Such notice may be part of a school's or
41 school district's parent information program, including but not limited
42 to newsletters, letters, flyers, and other printed means of distributing
43 information.
44 5. No school or employee of a school shall be held civilly or crimi-
45 nally liable for any failure to comply with the requirements of this
46 section, unless such failure constitutes negligence, gross negligence,
47 or intentional misconduct. Nothing contained in this section shall be
48 construed as limiting any legal cause of action or remedy at law, in
49 statute or in equity that existed prior to the effective date of this
50 section.
51 § 3. This act shall take effect September 1, 2011.
