Bill Text: NY S04173 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 4173 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Directs the department of education of the city of New York to provide information to the public relating to inspections of school kitchens and cafeterias.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-09-13 - SIGNED CHAP.313 [S04173 Detail]

Download: New_York-2017-S04173-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4173
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 6, 2017
                                       ___________
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  creating  a  public  school cafeteria and school kitchen
          grading system
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The administrative code of the city of New York is amended
     2  by adding a new section 23-702 to read as follows:
     3    § 23-702 School cafeteria and kitchen inspection data. a. For so  long
     4  as  the  department  of  health  and  mental  hygiene  operates sanitary
     5  inspections, as provided in sections  14-1.190,  14-1.191,  14-1.194  of
     6  title 10 of the New York state codes, rules and regulations, and section
     7  81.05  of the city health code, such department shall subsequently issue
     8  a letter grade of either "A", "B" or "C" to each cafeteria  and  kitchen
     9  within  a  school  operated  by  the city school district for that cycle
    10  after any hearing or dispute regarding such scoring  is  resolved.  Such
    11  inspection  data  is only valid if the appropriate supervisor is present
    12  throughout the inspection. Inspection scores  provided  to  such  school
    13  cafeterias  and  kitchens shall be converted to letter grades and posted
    14  conspicuously in compliance with subdivisions (a)  and  (b)  of  section
    15  81.51 of the city health code. Such letter grades shall be posted in the
    16  appropriate  school,  as well as notice provided to interested community
    17  members, such as parents, on  public  school  websites,  school  quality
    18  reports  and/or  the city's department of education website. Such letter
    19  grade shall not be considered in promotion or discipline proceedings for
    20  any cafeteria or kitchen employee.
    21    b. The department shall issue letter grades to each  school  cafeteria
    22  and kitchen subsequent to any inspection cycle as follows:
    23    (i)  a  letter  grade of "A" shall be given to any school cafeteria or
    24  kitchen that receives fewer than 14 points;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09236-03-7

        S. 4173                             2
     1    (ii) a letter grade of "B" shall be given to any school  cafeteria  or
     2  kitchen that receives 14 to 27 points; and
     3    (iii)  a letter grade of "C" shall be given to any school cafeteria or
     4  kitchen that receives 28 or more points.
     5    c. Points accumulated and converted into a letter grade shall be based
     6  within the scope of the work schedules of the school cafeteria or kitch-
     7  en workers as defined by the relevant collective bargaining agreement.
     8    d. Any school who receives a letter grade of "B" or "C" shall  include
     9  in the notice required by subdivision a of this section a description of
    10  its  violations and its plan for remediation prior to the next scheduled
    11  inspection. Such school shall include in its plan for remediation how it
    12  proposes to address its violations and assist cafeteria  and/or  kitchen
    13  employees in improving its cafeteria's and/or kitchen's conditions. This
    14  notification  shall  be written within the scope of the work schedule of
    15  the school cafeteria or kitchen  workers  as  defined  by  the  relevant
    16  collective bargaining agreement.
    17    e.  The  school  cafeteria  and/or kitchen shall post its letter grade
    18  until the department issues it a new letter grade card or until a "grade
    19  pending" card is required to be posted in the school cafeteria's  and/or
    20  kitchen's next inspection cycle.
    21    §  2.  The commissioner of the department of health and mental hygiene
    22  of the city of New York is directed to amend the New  York  city  health
    23  code to allow food services establishments operated in or by the schools
    24  of the city school district of the city of New York to be graded by such
    25  department and have such grade posted.
    26    §  3.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.