Two years ago, Education Week reported ‘Heat Could Hurt Students’ Test Scores.’[1] The compelling piece shared insight from multiple studies showing students perform worse on tests when they are hot. One cited study tracked ten (10) million secondary students’ performance on PSAT exams between 2001 and 2014. It found each one (1) degree Fahrenheit increase in temperature reduced the amount students learned by one (1) percent.[2]

This and other information led the Legislature and Governor Kathy Hochul to enact a new law mandating maximum temperatures in schools. The law takes effect September 1, 2025, and will serve students and staff well, though it may also bring some implementation conundrums.

Current Law

The minimum room temperature in public schools has been established by the New York State Property Maintenance Code. §602.4 applies to "Occupiable workspaces" and requires "indoor occupiable workspaces be supplied with heat during the period from September 15th to May 31st to maintain a temperature of not less than 65ºF (18ºC) during the period the spaces are occupied." The only exceptions are for processing spaces (coolers or freezers) and vigorous physical activities areas (gymnasiums).

The Change

Effective September 1, 2025, New York State law adds a high end to the room temperature equation. Education law §409-n applies to all public schools and BOCES. It requires schools and BOCES to develop a policy to ensure “the health and safety of students, faculty and other employees on extreme heat condition days.” The new section of law defines extreme heat condition days as days when the occupiable educational and support services spaces are found to be eighty-two (82) degrees Fahrenheit or greater. It also requires temperatures be measured “in “shaded sections” three feet above the floor, near the center of the room.” The bill exempts kitchen areas used to prepare food for student consumption.

When temperatures reach 82 degrees, schools are required to take action to relieve the heat-related discomfort. The law provides examples of actions which may be taken, including turning off overhead lights; pulling down shades; turning on fans; opening classroom doors and windows to increase circulation; and, turning off unused electronics which produce heat.[3] The new laws takes the additional step of prohibiting educational spaces from being occupied if room temperature reach 88 degrees Fahrenheit.

This bifurcated approach to addressing the stresses which come with a hot learning environment serve to implement the findings of those expansive studies. The law also implements what many know just from a practical perspective – students do not learn as well when it is hot.

Implementation

The new mandate is responsive and reactive to a real circumstance educators face. It will likely be appreciated by students and educators alike. But, as a law, §409-n may cause some issues. One potential issue is the potential conflict with Education Law §3604(7). Education Law §3604(7) requires a minimum of 180 days of instruction. If a school must provide 180 days of instruction and must close when it is hotter than 88 degrees, which law should be adhered to? This is particularly relevant since the hottest days are typically in June, after all snow days are given back, the calendar is winding down, and there is little room to add a day. Exacerbating this, if schools close due to heat on a Regents exam day in June, few alternatives exist.

Since regulations are unlikely (Education Law §409-n does not authorize the Commissioner to issue regulations) it is hopeful NYSED will issue guidance prior to implementation of the new law. We will keep you posted as we see more on this. For now, it is prudent for schools to begin making provisions related to extreme heat days, including possibly budgeting for more air circulation and chilling systems.

DISCLAIMER

Nothing herein is meant to provide legal advice. You should always contact your attorney for specific advice and counsel on any legal matter you are working on.

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[1] Lieberman, ‘It Has to Be a Priority’: Why Schools Can’t Ignore the Climate Crisis, Education Week, May 18, 2022.

[2] Id.

[3] The law lists these obvious, rudimentary ways to slightly reduce room temperature.