N.Y. Comp. Codes R. & Regs. tit. 8 § 155.24

Current through Register Vol. 46, No. 43, October 23, 2024

Section 155.24 - School pesticide neighbor notification

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 155.24