Model Legislation
Indoor Air Quality in Schools Act
Summary of Core & Optional Provisions
CORE PROVISIONS
Section 1. Title
Section 2. Findings
Section 3. Definitions
Section 4. IAQ in Schools Management Plan
Section 5. Training for School Personnel
Section 6. IAQ Information for Students, Parents & School Employees
Section 7. New School Construction & School Renovation
Section 8. IAQ Task Force
Section 9. IAQ in Schools Report
Section 10. No Smoking Policy
Section 11. Enforcement
Section 12. Effective Date
OPTIONAL PROVISIONS
Section # IAQ Ombudsperson
Section # Relationship to Other Health & Safety Provisions
Section # Appropriations
Section 3. Definitions
Indoor Air Quality in Schools Act
Section 1. Title
Section 2. Findings
(1) The quality of indoor air in schools can either impede or assist schools in meeting their core mission–educating students;
(2) Failure to prevent or quickly resolve indoor air quality problems in schools can:
(i) increase the potential for long term and short term health problems;
(ii) reduce productivity for students, faculty and staff;
(iii) strain relationships among school administrators, parents, faculty, and staff;
(iv) create potential liability problems.
(3) Poor indoor air quality is often caused by heating, ventilating, and air conditioning (HVAC) equipment that is improperly maintained and operated. Failure to correct these conditions can result in reduced operating efficiency and higher energy consumption for the HVAC equipment, as well as poor indoor air quality.
(4) A U.S. Government Accounting Office report found that over half of U.S. schools had problems which adversely affect indoor air quality;
(5) A U.S. Environmental Protection Agency investigation found inadequate ventilation in most of the schools studied; and
(6) Nearly one in five schools has at least one room with radon above the EPA recommended action level of 4 picocuries per liter.
Section 3. Definitions
(1) “school” means any school in the state providing for the education of students in grades kindergarten through twelfth grade.
(2) “U.S. Environmental Protection Agency’s IAQ Tools for Schools documents” means the materials contained in the 1995 (or latest) edition, including, but not limited to, the IAQ Coordinator’s Guide, IAQ Coordinator’s Forms, IAQ Backgrounder, IAQ Checklists, IAQ Problem Solving Wheel and IAQ Tools for Schools-Ventilation Basics Video.
Section 4. IAQ in Schools Management Plan
(a) Within one year of enactment, the state shall develop an Indoor Air Quality (IAQ) in Schools Management Plan.
(b) Within two years of enactment, every school in the state shall be required to comply with the IAQ in Schools Management Plan.
(c) The Plan shall be developed by the state department of education in conjunction with the state departments of public health and environmental protection and in consultation with the IAQ in Schools Task Force established under section 8.
(d) The Plan shall, at a minimum, require schools to meet the guidelines established as part of the U.S. Environmental Protection Agency’s IAQ Tools for Schools documents.
Section 5. Training for School Personnel
(a) The department of education, in consultation with the departments of public health and environmental protection, shall devise a plan and schedule for the implementation of the training recommendations made by the IAQ in Schools Task Force (section 8 (d)(3).
(b) All relevant school personnel, as identified by the Task Force, shall receive initial IAQ training within three years of the effective date of this act.
Section 6. IAQ Information for Students, Parents & School Employees
(a) Within one year of enactment, students, parents and school employees shall receive from the department of education information developed in consultation with the departments of public health and environmental protection and the IAQ in Schools Task Force (optional: and the IAQ in Schools Ombudsperson), regarding indoor air quality in schools, generally, and the state’s plans to improve IAQ in schools.
(b) As school-specific IAQ information (including test results) is developed, the school district, school principal, (optional: the IAQ in Schools Ombudsperson), or others, in conjunction with the department of education and the department of the environment, shall make this information available in writing to students, parents and school employees.
Section 7. New School Construction & School Renovation
(a) All contracts for architectural and engineering design services for new school construction and for school renovation costing over $5000 must include provisions to assure that:
(1) the design of the new building, addition, or renovation facilitates good indoor air quality for the occupants of all spaces affected by the design; and
(2) the design of the new building, addition, or renovation facilitates operation and maintenance of the spaces affected by the design in such a manner that promotes good indoor air quality.
(b) Prior to the approval of construction contracts for new building, addition, or renovation projects costing over $5000, the local education authority shall determine that the construction plan and schedule appropriately consider and address:
(2) the need to transfer from the design and construction teams to operations and maintenance personnel important information on the proper operation and maintenance of the building and its systems so as to foster good indoor air quality; and
(3) the proper indoor air quality commissioning procedures prior to occupancy of the spaces affected by the project.
(c) Authorities responsible for reviewing architectural and engineering drawings and specifications for the purpose of issuing building permits shall determine, prior to issuing the necessary building permits, that the design of the new building, addition, or renovation facilitates good indoor air quality for the occupants of the spaces affected by the design.
Section 8. IAQ in Schools Task Force
(a) An Indoor Air Quality (IAQ) in Schools Task Force, consisting of 13 members, is established.
(b) Members of the Task Force shall be appointed by the Secretary (Commissioner, Chair, or other appropriate title) of Education and shall include:
(2) a representative of the state environment department;
(3) a representative of the state education department;
(4) a representative of the state school board association;
(5) a legislator representing the state assembly (house or lower legislative body);
(6) a legislator representing the state senate;
(7) a representative of a non-profit public health organization;
(8) a representative of a parent association;
(9) a representative of a teacher association or union;
(10) a state licensed architect or engineer actively engaged in the practice of school design and construction; and
(11) three public members, two of whom shall have expertise in indoor air quality .
(d) Duties of the Task Force shall be to:
(1) advise the departments of education, public health, and environmental protection in the development of the IAQ in Schools Management Plan;
(2) recommend educational materials for distribution to students, parents, and teachers on indoor air quality in schools and develop guidelines for the dissemination of indoor air quality test results and information to students, parents and teachers; and
(3) recommend training requirements for school maintenance and other employees.
(4) identify interim changes that can be readily implemented by school officials to improve indoor air quality in schools pending full compliance with the Indoor Air Quality in Schools Management Plan.
(5) identify the need for additional resources and/or authority for schools so as to assure good indoor air quality for students and teachers.
(6) recommend regulations necessary for the enforcement of this bill.
(e) In activities (d) (1)-(4) above, the Task Force shall rely to the extent appropriate on the U.S. Environmental Protection Agency’s IAQ Tools for Schools documents. The Task Force shall have the authority to retain as consultants professionals knowledgeable and experienced in indoor air quality management and control.
Section 9. IAQ in Schools Report
(a) The IAQ in Schools Task Force shall report its findings and recommendations in an Indoor Air Quality (IAQ) in Schools Report to the legislature within 12 months of enactment.
(b) The IAQ in Schools Report shall be sent to the administrator of each school district, and the principal of every school in the state.
(c) The IAQ in Schools Report shall be made available to the public upon request. Electronic access through state web sites shall also be implemented.
Section 10. No Smoking Policy
- Smoking is prohibited inside all schools and on all schools grounds in the state.
Section 11. Enforcement
(a) The state department of education shall have sole authority for enforcing these provisions and shall notify the students, parents, faculty, and staff of any school, as well as the general public, regarding non-compliance that poses health risks to any school’s occupants. The department also shall have authority to adopt regulations to further enhance compliance with these provisions.
(b) The departments of public health and environmental protection shall provide expertise, assistance, and all other necessary resources to support the responsibilities of the department of education in enforcing this act.
Section 12. Effective Date
(a) The effective date of this act shall be 60 days after enactment.
OPTIONAL PROVISIONS
Section #. IAQ Ombudsperson
(a) Within the department of education, there shall be designated an Indoor Air Quality Ombudsperson.
(b) The duties of the Indoor Air Quality Ombudsperson shall include, but not be limited to:
(1) facilitating the coordination between various governments departments for the actions designated in this legislation;
(2) informing students, parents, teachers, school officials, and the public about the availability of information regarding the indoor air quality in school buildings and facilities; and
(3) communicating with and providing technical assistance to school principals and others concerning the interim changes identified by the IAQ Task Force that can be readily implemented by schools officials to improve indoor air quality in schools pending full compliance with the IAQ in Schools Management Plan.
Section #. Relationship to Other Health & Safety Provisions
(a) Nothing in this act shall be construed to conflict with other health and safety provisions or preempt more stringent health and safety provisions under state law.
Section #. Appropriations
(a) Such funds shall be appropriated for the proper implementation of this act.
Section 3. Definitions
(1) “school” means any school receiving funding from the state and providing for the education of students in grades kindergarten through twelfth grade.
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