Table of Contents: Executive Summary Introduction Methodology Survey Analyses: Environmental Health Snapshot of School Conditions The Problems of Ten Schools Conclusion Appendices: Appendix A: Survey Appendix B: Analysis of 65 surveys Appendix C: Analysis of 39 schools Appendix D: Schools/Sites Footnotes

Footnotes

1. Regents Advisory Committee on Environmental Quality in Schools, “Report to the New York State Board of Regents on the Environmental Quality of Schools, 1994.”
2. Margaret Wulf, “Is Your School Suffering From Sick Building Syndrome?” PTA Today, Nov/Dec 1993, Revised 1997, http://www.pta.org/programs/docs/sbs1193.rtf.
3. Id.
4. School Facilities: Condition of America’s Schools, February 1995 GAO HEHS-95-61, p.1.
5. “Environmental Health Threats to Children,” Environmental Protection Agency EPA 175-F-96-001, September 1996. URL: http://www.epa.gov/epadocs/child.htm.
6. “An Introduction to Children’s Environmental Health,” Children’s Environmental Health Network. URL: http://www.cehn.org/cehn/WhatisPEH.html.
7. “Why Do Kids Need Better Protection?” Physicians for Social Responsibility. URL: http://www.psr.org/ceh.htm.
8. “Children's Health and the Environment: A New Agenda for Prevention Research,” National Institute for Environmental Health Sciences. http://ehpnet1.niehs.nih.gov/child1998/full/Suppl-3/787-794landrigan/landrigan-full.html.
9. “Environmental Health Threats to Children,” Environmental Protection Agency, EPA 175-F-96-001, September 1996. URL: http://www.epa.gov/epadocs/child.htm.
10. “Indoor Air Facts No. 4 (revised); Sick Building Syndrome (SBS),” Environmental Protection Agency, April 1991. URL: http://www.epa.gov/iedweb00/pubs/sbs.html.
11. Margaret Wulf, “Is Your School Suffering From Sick Building Syndrome?” PTA Today, Nov/Dec 1993. URL: http://www.pta.org/programs/docs/sbs1193.rtf.
12. Children’s Environmental Health Network, URL: http://www.cehn.org.
13. Advocates for Children of New York, Inc., URL: http://www.advocatesforchildren.org/, Healthy Schools Network, URL: http://www.hsnet.org.
14. This report summarizes the results of surveys filled out by respondents. Neither Advocates for Children nor the Healthy Schools Network have independently verified the answers given in these surveys. It should also be noted that the survey instrument was designed so that respondents, parents, students and school personnel could answer questions with no expertise in the environmental area. The survey did not ask specific questions about such areas as pesticides, lead paint or lead in water, or asbestos, not because these are problems don’t exist, but because to answer these questions accurately requires either lab testing, detailed data requests from school custodians, and/or professional expertise in the area.
15. There are two other districts that do not have physical boundaries. District 33, also called the Chancellor’s District is made up of schools with serious records of academic failure. District 75 which has programs throughout the five boroughs, serves some of the most severely physically, emotionally, and cognitively disabled children in New York City. One of our surveys came from a District 75 high school, but was included in the general high school category.
16. The alternative high schools in New York were set up as an alternative to the large high schools of New York City. Generally they are small, with only a few hundred students and are theme based. Many are based in non-profits or other space that is leased to the Board of Education. A few respondents were using Off-Site Educational Services (OES) which places Board of Education teachers in sites across the city to teach General Equivalency Diplomas (G.E.D.) classes.
17. “National PTA Leader’s Guide to Environmental Issues,” National PTA,. URL: http://www.pta.org/programs/envgde3.htm.
18. 8 NYCRR 155.1(b)(3)(ii): Educational facilities: Each teaching space shall be provided with a controlled supply of fresh air such that there is an avoidance of odor-build-up or concentration of toxic substances and dust particles. 24 RCNY Health Code §45.11 Physical facilities: b) A child shall not be kept for any period of time in a cellar without the prior approval of the Department unless the cellar or basement is being used for a lunchroom, or other eating place, for a lavatory or as a washroom. e) A lighted and ventilated room shall be provided, sufficient in size and arranged so that each child’s garments may be hung separately and within reach of the child. Physical Facilities: When the outside temperature is less than 55 degrees Fahrenheit, and the children are on the premises, a temperature between 68 and 72 degrees Fahrenheit shall be maintained in all parts of the building used by the children. Heating apparatus shall be equipped with adequate protective guards. Gas space heaters shall not be installed or used without the approval of the Department. Kerosene heaters are prohibited. Enforcement: 24 RCNY Health Code §131.01: Violations; responsibility: The owner, agent, lessee, tenant and occupant of a building shall be jointly and severally liable for the existence in a building of a nuisance, filthy or unsanitary condition, or condition dangerous to life or health, or violation of any provision of this article, insofar as they have the power to prevent or abate such condition or violation. Such persons shall comply with an order of the Department of Health or the Department of Buildings to remove a nuisance, dangerous or unsanitary condition or violation of this article. 8 NYCRR 155.1(b)(3)(I): Educational facilities: Heating shall be provided and maintained in all areas such that conditions are produced that are suitable for the activity that is to take place in that area. 24 RCNY Health Code §131.03: Heating: a) A person who contracts to supply heat to a building or any part thereof shall furnish heat to every occupied portion of such building so that the minimum temperature prescribed shall be maintained during the appropriate times. b) An owner, agent, lessee, superintendent or janitor of a building who has under his/her control a furnace, boiler or other heating device in such building, shall be deemed to have contracted to supply heat unless otherwise provided by express contract. Enforcement: 24 RCNY Health Code 13103b: An owner, agent, lessee, superintendent or janitor who is required by this section to provide heat shall be liable for failure to comply with this section, and if any such person is a corporation, the president, vice-president, secretary and treasurer thereof shall also be liable. NYC Admin Code 17-142: Definition of nuisance: Makes everything that is a nuisance illegal. The word “nuisance” includes everything that is dangerous to human life or detrimental to health. This includes overcrowded buildings, buildings without proper entrances and exits, and inadequately ventilated, sewered, drained, cleaned or lit buildings. It also includes anything that might make air or human food and drink unwholesome. NYC Admin Code 17-144: Nuisances; who is liable: There is joint and several liability for anyone who is involved with a building—either the owner or occupant—to keep the sewerage, drainage and ventilation of the building in such a condition that it won’t be dangerous to the life or health of anyone. Enforcement: NYC Admin Code 17-143: Nuisances; punishment: It is a misdemeanor to willfully refuse to follow an order by the DOH to abate a nuisance.
19. Holcomb B. Noble, “Far More Poor Children Are Hospitalized for Asthma, Study Shows,” The New York Times, July 27, 1999.
20. These numbers are of particular importance considering that the majority of those responding to the survey were students.
21. Survey 14; see fn. 16 for applicable law.
22. Survey 49.
23. Survey 65.
24. Survey 16.
25. Survey 16.
26. “Twelve Steps Toward a Healthier School,” Environmental and Human Health, Inc., http://www.ehhi.or/12steps.html., see fn. 16 for applicable law.
27. GAO Report, see fn. 4.
28. Survey 42; see fn. 16 for applicable law.
29. Survey 53; see fn. 16 for applicable law.
30. Jacques Steinberg, “Discord Undermines Efforts to Repair and Build Public Schools,” The New York Times, July 27, 1999.
31. Survey 16.
32. Survey 49; see fn. 16 for applicable law.
33. "Guide to Healthier Cleaning Practices and Products for Schools," Healthy Schools Network, September 1999.
34. “Environmental Health Questions and Answers,” National Institute of Environmental Health Sciences, URL: http://www.niehs.nih.gov/external/faq/asthma.htm.
35. 24 RCNY Health Code 151.03: Eradication measures; mandatory extermination; conditions conducive to rodent or insect and other pest life prohibited: All buildings and yards must be kept free from rodents, insects, and other pests. All buildings must be kept free from conditions that might lead to rodent, insect or other pest infestation. The person in control shall not let water, garbage or other waste accumulate. All garbage should be deposited in tightly covered, watertight metal cans. If the building is infested, the person in control shall act to eliminate the problem. Enforcement: 24 RCNY Health Code 151.03c: When the Department of Health makes the determination that a building is infested, it may order the person in control to take such eradication measures as the Department deems necessary.
36. Survey 32; see fn. 31 for applicable law.
37. Survey 23; see fn. 31 for applicable law.
38. Dr. Philip Landrigan, “Pesticides and Inner-City Children: Exposures, Risks, and Prevention,” National Institute of Environmental Health Sciences. URL: http://ehpnet1.niehs.nih.gov/docs/1999/suppl-3/431-437landrigan/abstract.html.
39. “National PTA Leader's Guide to Environmental Issues,” National PTA, URL: http://www.pta.org/programs/envgde3.htm.
40. “Citing Children, EPA is Banning Common Pesticide,” The New York Times, August 3, 1999.
41. Jacques Steinberg, “Discord Undermines Effort to Repair and Build Public Schools,” The New York Times, July 27, 1999. “The board and [School Construction] authority were overwhelmed by the job of rebuilding a deteriorating system with more than 1,100 school buildings, half built before 1940.”
42. Survey 54.
43. Survey 41.
44. Survey 41.
45. Survey 22.
46. Survey 65.
47. “Questions and Answers: Lead Paint on Public Playground Equipment,” Consumer Product Safety Commission. URL: http://www.cpsc.gov/lead/leadqa.html.
48. NY CLS Pub Health §1373: Abatement of lead poisoning conditions: Whenever the commissioner or his representative shall designate an area of high risk, he may give written notice and demand, for the discontinuance of a paint condition conducive to lead poisoning in any designated dwelling in such area within a specified period of time. Enforcement: NY CLS Pub Health 1373: In the event of failure to comply with a notice and demand, the commissioner or his representative may conduct a formal hearing upon due notice in accordance with the provisions of section twelve-a of this chapter and on proof of violation of such notice and demand may order abatement of a paint condition conducive to lead poisoning upon such terms as may be appropriate and may assess a penalty not to exceed two thousand five hundred dollars for such violation An environmental assessment of areas a child frequents will be conducted by the State Department of Health for children with elevated lead blood levels in order to determine the source of the child’s lead poisoning. The process could lead to an environmental assessment of the child’s school if the home is found to be lead free. 24 RCNY 45.12, 47.01, 47.31 and 49.01 The City DOH can order or take actions against any lead paint hazard under its general power to abate a nuisance. In schools, it can also order lead-based paint abatement under regulations against peeling paint and lead-contaminated surfaces accessible to children.
49. “Running on Empty: High Standards and Missing Resources in New York City’s Public Schools,” A Report by Campaign for Fiscal Equity, Inc., March 1999.
50. Survey 44.
51. Survey 49.
52. 24 RCNY Health Code §49.07: Physical facilities: The minimum allowance of space for each child in a classroom shall be 15 square feet of net floor space, that is, available space exclusive of furniture. Children shall not be permitted in a school or in a classroom in excess of the number allowed by this subsection except in the event of “a temporary emergency.” 8 NYCRR (b)(2)(iv): Educational facilities: Teaching spaces shall be properly proportioned as to size and shape of room.
53. Survey 34. Lack of fire drills is a clear violation of law: NY CLS Educ. 807: Fire drills: It is the duty of the principal or other person in charge of the school to have twelve fire drills each school year. If one of these drills does not occur during lunch, than students need to be instructed on the procedure to follow if a fire does occur during lunch. If there is summer school at a school, then two fire drills should be held, one in the first week of summer school. If there is an after-school program in the school building, attended by people who don’t regularly attend classes in the building, then the person in charge of the event, at the beginning of the event, must instruct the audience on what to do in the event of a fire. Enforcement/Punishment: NY CLS Educ. 807: Neglect by any principal or person in charge to comply with the provisions shall be a misdemeanor punishable at the discretion of the court by a fine not exceeding $50. The fine is to go to the pension fund of the local fire department where there is such a fund. NY CLS Educ. 808: Instruction in fire and arson prevention: the commissioner of education must provide and prescribe a course in fire and arson prevention relating to the protection o life and property against loss or damage as result of a criminally initiated or other preventable fire. Such instruction shall be given to all students in every school for a period of not less than 45 minutes in each month school is in session. Enforcement: None 24 RCNY Health Code 45.09e: Staff: All employees shall be regularly instructed in the protection of children during emergencies such as accidents, fires or air raids. Enforcement: 24 RCNY Health Code §3.05
54. “Environmental Health Threats to Children,” Environmental Protection Agency, URL: http://www.epa.gov/epadocs/child.htm.
55. Survey 49.
56. Survey 58.
57. Survey 28.
58. “National PTA Leader's Guide to Environmental Issues,” National PTA,. URL: http://www.pta.org/programs/envgde3.htm.
59. Federal: 42 USC 300f et seq.: The Safe Drinking Water Act 40 CFR Part 141: National primary drinking water regulations, 40 CFR Part 142: National primary drinking water regulations implementation Enforcement: State Department of Health is responsible for implementing lead in drinking water programs 42 USC 300j-24: Lead contamination in school drinking water: The administrator shall publish a guidance document and a testing protocol to assist schools in determining the source and degree of lead contamination in school drinking water supplies and in remedying such contamination. This section also provides for the establishment by each state of a program to help local educational agencies in testing for and remedying, lead contamination in schools. 42 USC 300j-25: Federal assistance for State programs regarding lead contamination in school drinking water: The administrator shall make grants to States to establish and carry out State programs to assist local educational agencies in testing for, and remedying, lead contamination in drinking water from drinking water coolers and from other sources of lead contamination at schools.
60. 24 RCNY Health Code §45.11 Physical facilities: f) Drinking water shall be available near classrooms and playrooms and easily accessible to the children. Except when bubbler fountains are used, individual drinking cups shall be provided within reach of the children. If bubbler fountains are used, they shall be of the angle jet type with suitable guards and shall have water pressure which is sufficient to raise the water high enough above the spout to avoid contamination.
61. 24 RCNY Health Code §45.13: Equipment and furnishings: e) Soap and individual paper or cloth towels or sanitary dryers shall be provided adjacent to wash basins and within easy reach of the children. If combs or washcloths are provided, each child have such articles for his/her exclusive use. NYC Admin Code 17-142: Definition of nuisance: Makes everything that is a nuisance illegal. The word “nuisance” includes everything that is dangerous to human life or detrimental to health. This includes overcrowded buildings, buildings without proper entrances and exits, and inadequately ventilated, sewered, drained, cleaned or lit buildings. It also includes anything that might make air or human food and drink unwholesome. Enforcement: NYC Admin Code 17-143: Nuisances; punishment: It is a misdemeanor to willfully refuse to follow an order by the DOH to abate a nuisance. NYC Admin Code 17-144: Nuisances; who is liable: There is joint and several liability for anyone who is involved with a building—either the owner or occupant—to keep the sewerage, drainage and ventilation of the building in such a condition that it won’t be dangerous to the life or health of anyone. Enforcement: NYC Admin Code 17-143.
62. Survey 7.
63. Survey 7.
64. Surveys 4, 5.
65. Survey 19.
66. Survey 53.
67. Because of possible pest infestation such actions are illegal. See fn. 31 for applicable law.
68. Survey 29.
69. New York City Health Code, Section 49.13.
70. NY CLS Educ. 2556(5): Buildings, sites, et cetera: It shall be unlawful for a schoolhouse to be constructed in the city of New York without an open-air playground attached to or used in connection with the same. 8 NYCRR 155.1©(1): Educational facilities: All building sites shall have the right number of grounds for outdoor activities. In elementary schools the right amount is three acres minimum plus one acre for each 100 pupils thereafter. In secondary schools the right amount is 10 acres plus one acre for each 100 pupils thereafter. This can be waived with the commissioner’s approval 24 RCNY Health Code 45.11: Physical Facilities: Indoor and outdoor play areas shall be available for the use of the children. Such play areas shall be safe, clean, easily accessible, adequate in size and suitable for the needs of the children. A shady area shall be available in outdoor play areas used during the summer months. 24 RCNY Health Code 45.13: Equipment and furnishings: In the indoor and outdoor play areas, sufficient play equipment shall be provided which is appropriate to the stage of development of the children and which is designed to foster physical and motor development. The equipment shall be easily accessible to the children, readily washable, clean, in good repair and free from hazards such as sharp or pointed parts, or toxic or poisonous finishes or materials.
71. 24 RCNY Health Code 45.11, see fn. 68 for full text.
72. 8 NYCRR 155.1(d): educational facilities: The board of education of each school district is responsible for its facilities to be inspected visually each year. The standards for the inspection will be created by each school district. 12 NYCRR 802.2: Authority for Inspections: Safety and health inspectors and hygienists of the Department of labor are authorized to enter without delay and at reasonable times any building, institution, facility, construction site, establishment or other area workplace or environment where work is being performed by a public employee for the purpose of doing reasonable inspections and investigations of any place of public employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials related to that employment. Enforcement: 12 NYCRR §802.3: Objection to inspection: If the DOL inspector is refused permission to due his/her duties, the DOL shall attempt to find out why the refusal was made and shall report the refusal immediately to his/her supervisor. If the refusal is not withdrawn, the Commissioner of Labor shall take necessary actions including the obtainment of compulsory legal process. 12 NYCRR §802.4: Advance notice of inspections: Advance notice of inspections will not be given unless there is a safety issue, or when the inspection would be enhanced by the probability of a more effective and thorough inspection. If advance notice is given, it cannot be given more than 24 hours in advance. Enforcement: 12 NYCRR §802.3 NY CLS Educ. 409d: Comprehensive public school building safety program: The commissioner must establish, develop, and monitor a comprehensive public school building safety program which shall include a uniform inspection, safety rating and monitoring system. The program will include annual inspections of all school buildings and will develop a safety rating system to assess the need for repairs and improvements
73. Mark Green, Public Advocate, “Construction vs. Children: The Need to Improve Environmental Safety During Renovation of Schools and Public Housing,” April 24, 1996. A recent series of articles in The New York Times examined the flaws in school construction, including the reliance on careless contractors and their lack of supervision. It was stated that, “With the [School Construction] authority now beginning to spend the $7 billion allocated to school construction for the next five years, much of its focus has shifted from building new schools to repairing old ones, often while students are attending classes inside. That has heightened the dangers of bad contractors.” Christopher Drew, “Careless Contractors Crumbling Schools”, The New York Times, July 26, 1999.

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