S T A T E O F N E W Y O R K
________________________________________________________________________
447
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Education
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:
Section 1. The education law is amended by adding a new section 409-n
to read as follows:
§ 409-N. MAXIMUM TEMPERATURES IN SCHOOL BUILDINGS AND FACILITIES. ALL
COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOLS, CITY SCHOOL DISTRICTS
AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES SHALL DEVELOP A POLICY
FOR ENSURING THE HEALTH AND SAFETY OF STUDENTS, FACULTY AND OTHER
EMPLOYEES, INCLUDING, BUT NOT LIMITED TO, KITCHEN AND CAFETERIA WORKERS,
ON EXTREME HEAT CONDITION DAYS. FOR THE PURPOSE OF THIS SECTION, EXTREME
HEAT CONDITION DAYS SHALL BE DEFINED AS DAYS WHEN THE OCCUPIABLE EDUCA-
TIONAL AND SUPPORT SERVICES SPACES ARE FOUND TO BE EIGHTY-TWO DEGREES OR
GREATER FAHRENHEIT. FOR THE PURPOSE OF THIS SECTION, SUPPORT SERVICES
SPACES SHALL INCLUDE, BUT NOT BE LIMITED TO, KITCHEN AREAS USED IN THE
PREPARATION OF FOOD FOR CONSUMPTION BY STUDENTS. 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. SCHOOLS SHALL BE
REQUIRED TO TAKE ACTION TO RELIEVE HEAT RELATED DISCOMFORT WHEN THE
OCCUPIED SPACE TEMPERATURE REACHES EIGHTY-TWO DEGREES FAHRENHEIT. EDUCA-
TIONAL AND SUPPORT SERVICES SPACES CANNOT BE OCCUPIED IF ROOM TEMPER-
ATURE REACHES EIGHTY-EIGHT DEGREES FAHRENHEIT.
§ 2. Paragraph a of subdivision 3 of section 2801-a of the education
law, as amended by section 1 of part B of chapter 54 of the laws of
2016, is amended to read as follows:
a. policies and procedures for response to emergency situations
INCLUDING EXTREME HEAT CONDITIONS, such as those requiring evacuation,
sheltering, and lock-down. These policies shall include, at a minimum,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02813-01-3
A. 447 2
evacuation routes, shelter sites, and procedures for addressing medical
needs, transportation and emergency notification of parents and guardi-
ans;
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.