Chapter amends S. 4472 and A. 5434 to provide for notice of a bedbug infestation in a public school to the guardians of affected students in the school

BILL NUMBER:S8470

Title of bill

An act to amend the education law, in relation to persons required to be notified of bedbug infestations in certain public schools; and to amend a chapter of the laws of 2010, amending the education law relating to directing a city school district having a population of one million or more to provide notice of bedbug infestations in public schools, as proposed in legislative bills numbers S.4472 and A.5434, in relation to the effective date thereof

Purpose or general idea of bill

To require New York city school health services to provide notification to the entire school community upon discovery of bed bugs.

Summary of specific provisions

Section 1 amends Subdivision 1 and 2 of section 920 of the education law, as added by a chapter of the laws of 2010, to provide more opera- tional flexibility. Without these amendments, Section 920 would require a public school principal in a city school district of 1 million or more to immediately notify all of the students' parents or persons in parental notification of a finding relating to infestation of bedbugs at that school, without regard to case-specific circumstances. This could lead to unnecessary notifications in circumstances where the infested area would not be expected to affect all or most pupils (e.g., self-con- tained classroom, nurse's office).

This bill provides that, where the Commissioner of Education had adopted regulations delineating circumstances where an infestation would be contained to a subset of the student population, notifications may be limited to the families of those students potentially affected by an infestation. This will enable the district to avoid the expense and confusion resulting from any inappropriate over-notifications. In such cases, the principal would advise the parents' association or PTA of the scope of the notification. The notification would enable parents/guardians to make more informed decisions as to the health and safety of their child and family.

Bill section 1 also amends subdivision 2 of the new section 920 to ensure that a consistent and informative notice is developed and employed citywide. This notice will be developed with the assistance of city agencies with expertise in this area, and will provide parents with essential information on bedbug detection and proper prevention and control measures.

Bill section 2 amends the effective date language of the chapter law adding section 920 to clarify a reference to the Commissioner of Educa- tion.

Existing law

Without these amendments, Section 920 would be subject to the interpre- tation that excessive notification was mandated whether appropriate of not, as discussed above.

Justification

While it is important that the families of students who may have been affected by a bedbug infestation in their school should be informed of this fact and of the measures they should take, it is equally important that the families of students who are not at risk should not be caused needless worry by erroneous and excessive notifications. This bill will provide school principals with necessary guidance to allow targeted notifications to affected students in appropriate cases.

Prior legislative history

New bill.

Fiscal implications

The flexibility added by this legislation will reduce any costs that would otherwise result under section 920. Fewer notices will have to be generated and disseminated, and the more targeted nature of the notice will reduce any costs of responding to parents who would have been need- lessly concerned about infestations in areas that could not have affected their children.

EFFECTIVE DATE This act shall take effect on the same date as the chapter of the laws of 2010 it amends.