STATE OF NEW YORK
________________________________________________________________________
11278
IN ASSEMBLY
July 25, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Nolan) --
read once and referred to the Committee on Education
AN ACT to amend the education law and the public health law, in relation
to requiring health inspections of schools
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 421 to
2 read as follows:
3 § 421. Health inspections of schools. 1. It shall be the duty of the
4 school authorities in general charge of the operation of any public or
5 non-public school to cause the buildings of such school containing
6 classroom, dormitory, laboratory, physical education, dining or recre-
7 ational facilities for student use to be inspected at least annually for
8 health hazards which might impact the health of students, teachers and
9 employees therein.
10 2. The annual health inspection shall be made prior to the first day
11 of December of every school year and the report thereof shall be filed
12 by the school authorities in the places required by subdivision five of
13 this section no later than the sixteenth day of December of every year.
14 3. (a) The school authorities shall cause any health inspection pursu-
15 ant to this section to be made by at least one, or any combination, of
16 the following methods:
17 (i) Employing, either regularly or specially, persons who, in the
18 judgment of the department of health or the health department of the
19 city, town, village or county where the building is located, are quali-
20 fied to make such an inspection, or any phase thereof.
21 (ii) Contracting for the making of such inspections, or any phase
22 thereof, by persons who, in the judgment of the department of health, or
23 the city, town, village or county health department where the building
24 is located, are qualified.
25 (iii) Requesting inspection by the health department of the city,
26 town, village or county in which the building is located.
27 (b) If any such inspection, or phase thereof, is to be made by either
28 of the methods specified in subparagraphs (i) and (ii) of paragraph (a)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16156-02-8
A. 11278 2
1 of this subdivision, the school authorities shall give reasonable notice
2 of the date and time such inspection is to be made to the commissioner,
3 or other comparable officer, of the health department, which has the
4 duty to regulate health matters in the locality where the building to be
5 inspected is located. Such officer, or any subordinate designated by
6 him or her, may be present during the inspection and may also file a
7 report of inspection in the manner provided in this section.
8 (c) If any local health department described in subparagraph (iii) of
9 paragraph (a) of this subdivision shall fail or refuse to make a health
10 inspection promptly after having been requested to do so by the school
11 authorities, the school authorities may request the department of health
12 to make such inspection. The commissioner of health shall cause such
13 inspection to be made by a designee.
14 (d) Regardless of the method or methods used to accomplish the
15 inspection required by this section, the person making the inspection
16 shall file the report thereof with the school authorities no later than
17 the first day of December.
18 4. The commissioner of health shall prescribe the form of the health
19 inspection report and the commissioner shall furnish a supply of such
20 form to school authorities. In prescribing such form the commissioner of
21 health shall consider standards for health safety set forth in the state
22 sanitary code, the regulations of the commissioner and the board of
23 regents and other health safety standards.
24 5. (a) The report of any health inspection shall be filed in the
25 office of the school authorities and with the commissioner and the
26 commissioner of health. All such reports so filed in any public office
27 shall be kept as public records for at least six years after which peri-
28 od the reports may be destroyed.
29 (b) If the report shows any alleged deficiencies, the school authori-
30 ties shall give at least five days notice by mail to the commissioner of
31 the health department which has the duty to regulate health matters in
32 the locality where the building that was inspected is located.
33 The school authorities and the commissioner of the health department
34 which has the duty to regulate health matters in the locality where the
35 building to be inspected is located, or his or her designee, shall sche-
36 dule a meeting within sixty days of the submission of the report, and
37 shall confer with such commissioner or designee concerning the alleged
38 deficiencies appearing on the inspection report and the measures
39 proposed to be taken by the school authorities to correct such deficien-
40 cies.
41 6. It shall be the duty of the commissioner to ascertain annually
42 whether the inspections of school buildings required by this section
43 have been made and the reports of the inspection have been filed in
44 their respective offices. The commissioner, in conjunction with the
45 commissioner of health and the local health department, shall review the
46 reports of inspection filed pursuant to this section and may make recom-
47 mendations to the school authorities with respect to any problems relat-
48 ing to school health safety noted in such reports. The commissioner
49 shall require a re-inspection of school buildings where a report of
50 inspection identified violations that were not corrected to the satis-
51 faction of the local health department. The commissioner may inspect or
52 cause to be inspected at any reasonable time for disease and injury
53 prevention, health hazards and health protection purposes the school
54 buildings required to be inspected by this section.
55 7. (a) Every public or non-public school required to be inspected
56 pursuant to this section may be inspected for disease and injury
A. 11278 3
1 prevention, health hazards or health protection purposes at any reason-
2 able time by the commissioner or his or her designee of the health
3 department of the city, town, village or county in which the school is
4 located.
5 (b) In no event shall the school authorities of any public or non-
6 public school required to be inspected pursuant to this section refuse
7 access at any reasonable time to any person described in paragraph (a)
8 of this subdivision, who appears for the purpose of conducting an
9 inspection for disease and injury prevention, health hazards or health
10 protection purposes; provided, however, that the administrator or the
11 designee of the administrator of the school to be inspected shall be
12 given the opportunity to be present during the inspection.
13 8. Any person, or any public or other corporation for which any such
14 person acts, shall not be liable for any error, omission or lack of
15 thoroughness in the making of the inspection and report required or
16 permitted by this section.
17 9. The term "school authorities" as used in this section, means, in
18 relation to public schools, the trustees, or board of education, or
19 corresponding officers, whether one or more, and by whatever name known
20 of a city school district, or other school district however created, or,
21 in relation to non-public schools, the board of trustees, board of
22 directors, or other governing board in general charge of the operation
23 of any such school.
24 § 2. Subdivision 5 of section 225 of the public health law is amended
25 by adding a new paragraph (w) to read as follows:
26 (w) establish regulations defining the methods and precautions to be
27 observed in disinfecting, cleansing or inspecting school buildings.
28 § 3. This act shall take effect immediately.
