Heat-Related Closures on the Horizon Beginning Next School Year; New Policy Requirement

On December 13, 2024, Governor Kathy Hochul signed Chapter 596 into law. Chapter 596 adds a new section of the Education Law, Section 409-n, which establishes a maximum temperature in school buildings and school facilities. The law goes into effect on September 1, 2025.

Section 409-n of the Education Law requires schools and BOCES to develop a policy for ensuring the health and safety of students, faculty, and other employees, on extreme heat condition days. The new statute defines extreme heat condition days as days when the occupiable educational and support services spaces are found to be eighty-two degrees or greater Fahrenheit. The limit of eighty-two degrees is for the internal temperature of the space. Further, the temperature must be measured in a shaded space, three feet above the floor near the center of the space. Kitchen areas used in the preparation of food for consumption by students are expressly exempted from the eighty-two degree limit. When the eighty-two degree limit is reached, schools now have a legal obligation to take action to relieve heat-related discomfort. Appropriate steps to reduce heat-related discomfort include turning off the lights, pulling down shades or blinds, turning on fans, opening doors and windows, turning off heat-producing unused electronics, and providing water breaks. The policy should be in place by September 1, 2025 addressing extreme heat condition days.

Further, Chapter 596 sets a second threshold for extreme heat conditions. Specifically, it requires that educational and support services spaces cannot be occupied if room temperature reaches eighty-eight degrees Fahrenheit. If internal temperatures reach eighty-eight degrees, staff and students will need to relocate to a different space or, if the temperature of the building hits the eighty-eight degree threshold, school will need to close. Heat-related closures will be treated the same as other emergency related closures such as snow days. In preparing school calendars for the 2025-2026 school year, the possibility of heat-related closures will need to be considered.

As of today, Section 155.17(c)(1)(xxi) permits the use of remote instruction, as per the school’s remote instruction plan, for any emergency closures. Extreme heat conditions are now included as a possible reason for an emergency closure. Consistent with the school’s remote instruction plan, schools may use remote instruction to address facility conditions over eighty-eight degrees. Under this section of regulation, all schools are required to have a remote instruction plan in place.

Finally, Chapter 596 also amends Education Law Section 2801 to include a requirement for the safety plan to contain policies and procedures for response to emergency situations including extreme heat conditions. This means that school safety plans will need to be appropriately updated prior to September 1, 2025.

If you have any questions about these new requirements, whether as to policy or implementation, please contact our office.