S T A T E O F N E W Y O R K
________________________________________________________________________
1860
2009-2010 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Legislative findings. The legislature hereby finds that the
quality of the school environment is important to the health of our
children and the adults who work with them. Children and young adults
spend a significant portion of their lives in school buildings. The
legislature also finds that although all students and adults can be
vulnerable when exposed to certain substances, young children especially
have been shown to be generally more sensitive because of their small
body size, immature immune systems, and higher rate of growth. The
legislature also finds that information on the operation and maintenance
of school buildings and grounds may not be readily available, easily
accessible, or copied at a reasonable cost. Therefore, the legislature
finds that it is reasonable for members of the public, such as parents
and guardians, to have ready access to basic information on the
substances and activities used to operate and maintain school buildings
and school grounds.
S 2. The education law is amended by adding a new section 409-j to
read as follows:
S 409-J. ACCESS TO SCHOOL HEALTH AND SAFETY INFORMATION. 1. THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL PUBLIC AND PRIVATE SCHOOLS
AND EDUCATIONAL INSTITUTIONS WITHIN THE STATE, SERVING STUDENTS AT ANY
LEVEL FROM KINDERGARTEN THROUGH TWELFTH GRADE.
2. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION ONE OF THIS
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
BLE TO THE PUBLIC DURING ADMINISTRATIVE HOURS, INFORMATION ON THE STOR-
AGE AND ANTICIPATED SCHEDULE OF NORMAL USE OF THE FOLLOWING SUBSTANCES:
(A) SOLVENTS AS DEFINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, INCLUDING BUT NOT LIMITED TO, INSTITUTIONAL FLOOR WAX STRIPPERS,
DEGREASERS AND PAINT THINNERS;
(B) ALL PESTICIDES INCLUDING, BUT NOT LIMITED TO, HERBICIDES, FUNGI-
CIDES, INSECTICIDES AND RODENTICIDES AS DEFINED IN SECTION 33-0101 OF
THE ENVIRONMENTAL CONSERVATION LAW;
(C) ALL LANDSCAPE MAINTENANCE CHEMICALS, INCLUDING BUT NOT LIMITED TO,
FERTILIZERS;
(D) ALL CHEMICALS USED IN LABORATORIES; ART ROOMS; AND WOODWORKING,
INDUSTRIAL, AND OTHER SHOPS; AND
(E) ALL CLEANING SOLUTIONS OTHER THAN THOSE USED FOR PERSONAL HYGIENE,
INCLUDING BUT NOT LIMITED TO FLOOR MAINTENANCE CHEMICALS.
3. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION ONE OF THIS
SECTION SHALL MAKE AVAILABLE, IN A LOCATION EASILY ACCESSIBLE TO THE
PUBLIC DURING ADMINISTRATIVE HOURS, THE FOLLOWING INFORMATION:
(A) RESULTS OF ANY TESTS, MONITORING ACTIVITIES, REMEDIATION OR
STUDIES PERFORMED, OR RECOMMENDATIONS WITH RESPECT TO LEAD, ASBESTOS,
RADON, INDOOR AIR QUALITY, DRINKING WATER QUALITY, OR OTHER ENVIRON-
MENTAL CONDITION;
(B) THE MAINTENANCE SCHEDULE OF ANY HEATING, VENTILATION AND AIR-CON-
DITIONING SYSTEMS INCLUDING THE DATES OF MAINTENANCE PERFORMED AND THE
OPERATIONAL CONDITION OF THE SYSTEMS; AND
(C) RECORDS OF ALL ACTIONS TAKEN OR AUTHORIZED BY THE SCHOOL OFFI-
CIALS, SCHOOL EMPLOYEES OR SCHOOL DISTRICT TO ABATE ANY ENVIRONMENTAL
QUALITY, HEALTH AND/OR SAFETY CONDITIONS OR VIOLATIONS.
4. (A) COPIES OF THE INFORMATION REQUIRED BY SUBDIVISION THREE OF THIS
SECTION RELATING TO THE SUBSTANCES SET FORTH IN SUBDIVISION TWO OF THIS
SECTION SHALL BE MADE AVAILABLE AT A REASONABLE CHARGE AND SUCH DATA MAY
ALSO BE AVAILABLE IN ELECTRONIC FORM IF ACCESS IS EASILY AVAILABLE AND
INSTRUCTIONS ARE PROVIDED.
(B) ANNUALLY, AS DETERMINED BY EACH SCHOOL, SUCH INFORMATION FILED
DURING THE PREVIOUS TWELVE MONTHS SHALL BE STORED IN A LOCATION CONSIST-
ENT WITH OTHER ENVIRONMENTAL AND BUILDING MAINTENANCE DOCUMENTS FOR A
PERIOD OF TEN YEARS UNLESS SUCH DOCUMENTS ARE REQUIRED BY FEDERAL OR
STATE LAW TO BE STORED FOR A LONGER PERIOD OF TIME.
(C) AT LEAST ANNUALLY, PARENTS OF ALL STUDENTS SHALL RECEIVE PRINTED
NOTICE FROM EITHER AN INDIVIDUAL SCHOOL OR THE SCHOOL DISTRICT THAT SUCH
INFORMATION IS AVAILABLE. SUCH NOTICE MAY BE PART OF A SCHOOL'S OR
SCHOOL DISTRICT'S PARENT INFORMATION PROGRAM, INCLUDING BUT NOT LIMITED
TO NEWSLETTERS, LETTERS, FLYERS, AND OTHER PRINTED MEANS OF DISTRIBUTING
INFORMATION.
5. NO SCHOOL OR EMPLOYEE OF A SCHOOL SHALL BE HELD CIVILLY OR CRIMI-
NALLY LIABLE FOR ANY FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION, UNLESS SUCH FAILURE CONSTITUTES NEGLIGENCE, GROSS NEGLIGENCE,
OR INTENTIONAL MISCONDUCT. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED AS LIMITING ANY LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN
STATUTE OR IN EQUITY THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
S 3. This act shall take effect September 1, 2011.