Senate Bill S8470

2009-2010 Legislative Session

Chapter amends S. 4472 and A. 5434 to provide for notice of a bedbug infestation in a public school to the guardians of affected students in the school

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2010	referred to rules

2009-S8470 (ACTIVE) - Details

See Assembly Version of this Bill:: A11689
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §920, Ed L (as proposed in S.4472 and A.5434); amd §2, Chap of 2010 (as proposed in S.4472 and A.5434)
Versions Introduced in 2011-2012 Legislative Session:: S4231, A7259

2009-S8470 (ACTIVE) - Summary

Provides for notice of a bedbug infestation in a public school to the guardians of affected students in the school; authorizes the declaration a bedbug infestation in a discrete area of a school, and to limit the notification to parents, persons in parental relationship and guardians of students of affected students in such area; requires notification information to be developed in consultation with city agencies.

2009-S8470 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8470

TITLE OF BILL:
An act to amend the education law, in relation to persons required to be
notified of bedbug infestations in certain public schools; and to amend
a chapter of the laws of 2010, amending the education law relating to
directing a city school district having a population of one million or
more to provide notice of bedbug infestations in public schools, as
proposed in legislative bills numbers S.4472 and A.5434, in relation to
the effective date thereof

PURPOSE OR GENERAL IDEA OF BILL:
To require New York city school health services to provide notification
to the entire school community upon discovery of bed bugs.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Subdivision 1 and 2 of section 920 of the education
law, as added by a chapter of the laws of 2010, to provide more opera-
tional flexibility.  Without these amendments, Section 920 would require
a public school principal in a city school district of 1 million or more
to immediately notify all of the students' parents or persons in
parental notification of a finding relating to infestation of bedbugs at
that school, without regard to case-specific circumstances. This could
lead to unnecessary notifications in circumstances where the infested
area would not be expected to affect all or most pupils (e.g., self-con-

tained classroom, nurse's office).

This bill provides that, where the Commissioner of Education had adopted
regulations delineating circumstances where an infestation would be
contained to a subset of the student population, notifications may be
limited to the families of those students potentially affected by an
infestation. This will enable the district to avoid the expense and
confusion resulting from any inappropriate over-notifications. In such
cases, the principal would advise the parents' association or PTA of the
scope of the notification.  The notification would enable
parents/guardians to make more informed decisions as to the health and
safety of their child and family.

Bill section 1 also amends subdivision 2 of the new section 920 to
ensure that a consistent and informative notice is developed and
employed citywide.  This notice will be developed with the assistance of
city agencies with expertise in this area, and will provide parents with
essential information on bedbug detection and proper prevention and
control measures.

Bill section 2 amends the effective date language of the chapter law
adding section 920 to clarify a reference to the Commissioner of Educa-
tion.

EXISTING LAW:

Without these amendments, Section 920 would be subject to the interpre-
tation that excessive notification was mandated whether appropriate of
not, as discussed above.

JUSTIFICATION:
While it is important that the families of students who may have been
affected by a bedbug infestation in their school should be informed of
this fact and of the measures they should take, it is equally important
that the families of students who are not at risk should not be caused
needless worry by erroneous and excessive notifications. This bill will
provide school principals with necessary guidance to allow targeted
notifications to affected students in appropriate cases.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
The flexibility added by this legislation will reduce any costs that
would otherwise result under section 920. Fewer notices will have to be
generated and disseminated, and the more targeted nature of the notice
will reduce any costs of responding to parents who would have been need-
lessly concerned about infestations in areas that could not have
affected their children.

EFFECTIVE DATE
This act shall take effect on the same date as the chapter of the laws
of 2010 it amends.

2009-S8470 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8470

                            I N  S E N A T E

                             August 11, 2010
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to persons required to be
  notified of bedbug infestations in  certain  public  schools;  and  to
  amend a chapter of the laws of 2010, amending the education law relat-
  ing  to  directing  a  city school district having a population of one
  million or more to provide notice of  bedbug  infestations  in  public
  schools, as proposed in legislative bills numbers S. 4472 and A. 5434,
  in relation to the effective date thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 920 of the  education  law,
as  added  by  a chapter of the laws of 2010, amending the education law
relating to directing a city school district having a population of  one
million  or  more  to  provide  notice  of bedbug infestations in public
schools, as proposed in legislative bills numbers S. 4472 and  A.  5434,
are amended to read as follows:
  1.  In  a  city  school district having a population of one million or
more inhabitants, the principal of  each  public  school  shall  provide
immediate  notification  to  [all]  parents  [or],  persons  in parental
relation OR GUARDIANS OF POTENTIALLY  AFFECTED  STUDENTS  ATTENDING  THE
SCHOOL,  disclosing  a  finding  relating  to the infestation of bedbugs
(Cimex lectularius) in such school; PROVIDED, HOWEVER, THAT IF  PURSUANT
TO REGULATIONS OF THE COMMISSIONER IT IS DETERMINED THAT ANY INFESTATION
IS  CONTAINED  WITHIN  A  DISCRETE  AREA,  THE  PRINCIPAL MAY LIMIT SUCH
NOTIFICATION TO PARENTS, PERSONS IN PARENTAL RELATIONSHIP  OR  GUARDIANS
OF  ALL POTENTIALLY AFFECTED STUDENTS WITHIN SUCH AREA, AND SHALL ADVISE
THE PARENTS' ASSOCIATION OF THE SCOPE OF SUCH NOTIFICATION.
  2. Along with the notification required pursuant to subdivision one of
this section, the principal of such public  school  shall  also  include
information  regarding proper procedures to prevent further infestations
at the school and to prevent the transfer of bedbugs from the school  to
the residences of students. Such information [may] SHALL be developed by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05859-03-0

S. 8470                             2

the  board  of  education  in  consultation with other city agencies and
shall be available in various languages as deemed necessary.
  S  2.  Section 2 of a chapter of the laws of 2010, amending the educa-
tion law relating to directing a city school  district  having  a  popu-
lation  of  one million or more to provide notice of bedbug infestations
in public schools, as proposed in legislative bills numbers S. 4472  and
A. 5434, is amended to read as follows:
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, however that any
rules and regulations OF THE  COMMISSIONER  OF  EDUCATION  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  a  chapter  of  the laws of 2010, amending the education law
relating to directing a city school district having a population of  one
million  or  more  to  provide  notice  of bedbug infestations in public
schools, as proposed in legislative bills numbers S. 4472 and  A.  5434,
takes effect.

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Senate Bill S8470

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8470 (ACTIVE) - Details

2009-S8470 (ACTIVE) - Summary

2009-S8470 (ACTIVE) - Sponsor Memo

2009-S8470 (ACTIVE) - Bill Text download pdf

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8470 (ACTIVE) - Details

2009-S8470 (ACTIVE) - Summary

2009-S8470 (ACTIVE) - Sponsor Memo

2009-S8470 (ACTIVE) - Bill Text download pdf

Comments