New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter J - Buildings And Transportation
Part 155 - Educational Facilities
Section 155.24 - School pesticide neighbor notification
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 155.24
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. For purposes of this section, the following terms shall have the meanings set forth below.
(1) Facility means any school building used
for instructional purposes and its surrounding grounds; sites and other grounds
used for playgrounds, athletics and other instructional purposes;
transportation facilities; and any administrative offices.
(2) Pesticide shall have the same meaning as
in section
33-0101
(35) of the Environmental Conservation
Law.
(3) Relevant facility shall
mean any facility where the staff person receiving notification regularly
works, or where a child of the person in parental relation receiving
notification regularly receives instruction.
(4) School shall mean any public school
district, private or parochial school, or board of cooperative educational
services.
(5) School pesticide
representative shall mean an employee of a public school district, private or
parochial school, or board of cooperative educational services (BOCES), who is
designated to act as a person to provide written notification, and from whom
further information may be obtained, concerning pesticide applications at such
school district, private or parochial school, or BOCES.
(6) School year shall mean the period
commencing on the first day of regular instruction and ending on the last day
of session.
(7) Spring recess shall
mean the vacation period following winter recess and prior to the end of the
school year.
(8) Summer school
shall mean the period commencing on the first day of summer school instruction
and ending on the last day of the session.
(9) Winter recess shall mean the vacation
period on or about January 1st.
(10) Written notification shall mean notice
in writing that is: provided directly to the student or staff; or delivered to
a receptacle designated for that student or staff; or mailed to the student's
or staff's last known home address; or delivered by any other reasonable
methods authorized by the commissioner, including, but not limited to, delivery
by means of a school newsletter.
(b) Notification procedures. Schools shall establish written pesticide notification procedures to provide information on pesticide applications at relevant facilities according to the following provisions.
(1) The school shall provide
written notification to all staff and persons in parental relation at the
beginning of each school year or summer school session. If a child enrolls
after the beginning of the school year or summer school session, written
notification shall be provided to the person in parental relation within one
week of such enrollment. Such written notification shall include at a minimum
the following information:
(i) a statement
that pesticide products may be used periodically throughout the school year or
summer school session;
(ii) a
statement that schools are required to maintain a list of staff and persons in
parental relation who wish to receive 48-hour prior written notification of
pesticide applications at relevant facilities, and instructions on how to
register with the school to be on such list for prior notification;
and
(iii) the name and phone number
of a school pesticide representative who may be contacted to obtain further
information.
(2) Within
10 days of the end of the school year, and within two school days of the end of
winter recess and spring recess, and within two days of the end of summer
school, the school shall provide written notification to all staff and persons
in parental relation listing the date, location and product used, for each
application which required prior notification and each emergency application
made, at relevant facilities, during the period of time since the previous
notice. Each notification shall also include a statement that schools are
required to maintain a list of staff and persons in parental relation who wish
to receive 48-hour prior written notification of pesticide applications and
instructions on how to register with the school to be on such a list for prior
notification; how to obtain further information about the products being
applied, including any warnings that appear on the label of the pesticides that
are pertinent to the protection of humans, animals or the environment; and the
name and phone number of a school pesticide representative who may be contacted
for additional information.
(3)
Each school shall establish and maintain a list of staff and persons in
parental relation who have requested written notification 48 hours in advance
of pesticide applications at relevant facilities. Schools shall add any staff
or person in parental relation to such list upon request.
(4) Except as provided in Education Law,
section 409-h(2)(e), not less than 48 hours prior to the application of a
pesticide at a facility, the school pesticide representative shall provide to
those on the list relevant to such facility, written notification which shall
include, at a minimum, the following information:
(i) the specific date and location of the
application at the relevant facility. In case of outdoor applications, the
notice may also include two alternative dates in case the application cannot be
made due to weather conditions;
(ii) the product name and the United States
Environmental Protection Agency pesticide registration number;
(iii) the following statements: "This notice
is to inform you of a pending pesticide application to a school facility. You
may wish to discuss with the designated school representative what precautions
are being taken to protect your child from exposure to these pesticides.
Further information about the product(s) being applied, including any warnings
that appear on the label of the pesticide(s) that are pertinent to the
protection of humans, animals or the environment, can be obtained by calling
the National Pesticide Telecommunications Network information phone number
1-800-858-7378 or the New York State Department of Health Center for
Environmental Health Info line at 1- 800-458-1158" ;
(iv) the name and phone number of a school
pesticide representative who may be contacted for additional information;
and
(v) a copy of the 48-hour
notification shall also be posted in a public location within the relevant
facility.
(c) Enforcement.
(1) Complaint. Persons in
parental relation, staff and other individuals may notify the Commissioner of
Education or his/her designee of a school's alleged failure to comply with the
requirements of Education Law, section 409-h and this section by submitting a
written complaint, in a format prescribed by the commissioner, to the State
Education Department, Office of Facilities Planning. Such complaint shall
include:
(i) the name, address and telephone
number of the complainant;
(ii) the
name of the school district, board of cooperative educational services or
nonpublic school against which the complaint is made;
(iii) the name and address of the specific
facility that is the subject of the complaint; and
(iv) a detailed description of the complaint,
including the nature of the school's alleged failure to comply and a statement
of the facts in support of such alleged failure to comply.
(2) Investigation. Upon receipt of a written
complaint alleging a school's failure to comply with the requirements of this
section, the Commissioner of Education or his/her designee shall conduct an
investigation to ascertain the school's compliance with this section.
(3) Withholding.
(i) Whenever it shall have been demonstrated
to the satisfaction of the commissioner that a public school district has
failed to adopt a procedure for notification, or to faithfully and completely
implement this section, the commissioner may, on 30 days' notice to the
district, withhold from the district monies to be paid to such district for the
current school year pursuant to Education Law, section 3609-a, exclusive of
monies to be paid in respect of obligations to the retirement systems for the
school and district staff and pursuant to collective bargaining
agreements.
(ii) Where it has been
demonstrated to the satisfaction of the commissioner that a private or
parochial school has failed to adopt a procedure for notification, or to
faithfully and completely implement this section, the commissioner may, on 30
days' notice to such school, withhold from the school State aid monies to be
paid to such school for the current school year pursuant to chapter 507 of the
Laws of 1974, as amended by chapter 903 of the Laws of 1984.
(iii) Prior to such withholding, the
commissioner shall provide the school an opportunity to present evidence of
extenuating circumstances. When combined with evidence that the school shall
promptly comply within a short time frame that shall be established by the
commissioner as part of an agreement between the school and the commissioner,
the commissioner may temporarily stay the withholding of such funds pending
implementation of such an agreement. If it is subsequently determined by the
commissioner that the school is in full compliance with this section, the
commissioner shall abate the withholding in its entirety.
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