Bill Text: NY A11278 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires annual health inspections of schools for health hazards which might impact the health of students, teachers and employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-07-25 - referred to education [A11278 Detail]

Download: New_York-2017-A11278-Introduced.html

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                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.