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.