An amendment to New York State Education Law is slated for the Governor’s desk that we anticipate she will sign, which created a new § 409-n, and which establishes maximum temperatures in school buildings and facilities. It would take effect September 1, 2025.

The bill, if enacted, would apply to all public schools and BOCES, and would require the development of a policy for “ensuring the health and safety of students, faculty, and other employees, on extreme heat conditions days. This new section defines “extreme heat condition days” are defined as “days when the occupiable educational and support services spaces are found to be eighty-two degrees or greater Fahrenheit.”

The bill notes that “support services spaces” shall not include kitchen areas used in the preparation of food for consumption by students. The bill requires that the temperature be measured at a “shaded location,” three feet above the floor, near the center of the room.

The bill further requires that schools must take action to relieve heat-related discomfort when the space reaches eighty-two (82) degrees Fahrenheit. Such actions include, but are not limited to, turning off the overhead lights, pulling down shades or blinds, turning on fans, opening classroom doors and windows to increase circulation, turning off unused electronics that produce heat, and providing water breaks. Importantly, if the room temperature reaches eighty-eight (88) degrees Fahrenheit, it cannot be occupied.

As always, Honeywell Law Firm is available to answer any questions and provide further information and guidance. Please contact our office at (518) 512-4580 or info@honeywelllawfirm.com.

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