TH ASSEM BLY CHAIRMAN Administrative Regulations Review Commission ALBANY Gon?chgimTTsEES Environmental Conservation Ethics and Guidance KENNETH P- Governmental Employees 96?h District d. . Rockland County "3'3 Labor Libraries Education Technology July 7, 2015 Commissioner MaryEllen Elia New York State Education Department 89 Washington Avenue Albany, NY 12234 Dear Commissioner Elia: I am writing you regarding the safety of non-public school buildings throughout several municipalities in Rockland County. The Department of State is currently reviewing the code enforcement practices of several municipalities in Rockland County. There have been concerns by state and local of?cials including myself that there is a ?systemic failure of Code enforcement? in these municipalities that has resulted in a proliferation of unsafe buildings including many schools. Although I am currently working with the Secretary of State to appropriately address these issues, I am asking for your assistance to enforce education law and ensure that these non?public schools are operating in a safe environment that is conducive to learning. The New York State Legislature has repeatedly made the safety of non?public school buildings a priority. We have to ensure that these school buildings are compliant with building and ?re codes so that parents can rest assured that their children are safe while at school. For example, the State requires all non-public schools to ?le annual ?re safety reports to the State Education Department which demonstrates that their buildings are compliant with ?re code (?807-a of the education law). This ?re safety report requires the school to have a quali?ed ?re inspector conduct a thorough evaluation of the building to certify compliance and safety. I recently requested a list of nonpublic schools who have not ?led a ?resafety report for 2014 and the results were shocking. I was shocked to learn that nearly sixty non-public schools in Rockland County are missing ?re safety reports. My concern regarding the lack of compliance with this important requirement is the potential that many of these schools are operating in unsafe buildings. The laws governing the ?re safety reports (?807-a) does not explicitly spell out the Department?s recourse if non-public schools fail to comply. This prompted me to introduce legislation in 2014 which would require the State Education Department to withhold any funding owed to the non- public school until their ?re safety report has been successfully ?led (A2847). As I pursue a legislative solution to this issue, I am requesting that the Department take administrative action immediately to enforce the ?re safety report requirement and consider a myriad of remedial ALBANY OFFICE: Room 637, Legislative Office Building, Aibany, New York 12248 - 518?455-5735, FAX: 518?455?5561 DISTRICT OFFICE: 67 North Main Street. 2"d Floor, New City, New York 10956 - 5345?6349791, FAX: 845-634-1091 zebrowskik@ assembly.state.ny.us . measures if these schools refuse to comply including the suspension of any apportionment owed to such school. The State Education Department has administratively taken action in the past to tackle the issue of non?public school building safety through reforms to the Basic Education Data System (BEDS) codes. Several years ago, the Department began requiring all new BEDS code applicants or any existing school that is making a change (address or name) to submit additional documentation with their application including a c0py of the school?s certi?cate of occupancy (CO), certi?cate of incorporation and a ?re inspection. This marked a positive step to ensuring that all buildings which are registered with the State are in fact complying with local building and ?re codes. Unfortunately, there are many school that received their BEDS code prior to this administrative policy change and are not required to submit a copy of their CO in a recent ?re inspection similar to What is required by section 807?a. have also introduced legislation to strengthen the BEDS code registration process and require that all schools that have a BEDS code regardless of when it was issued to submit all the required documentation to the Department that demonstrates the safety of their buildings (A.1727). Again, as I pursue this legislative measure, I believe that the State Education Department currently has the authority to require all BEDS code recipients to provide all of the safety documentation. As the Department showed in the past, they are able to take these preventative measures administratively. In conclusion, I am respectfully requesting that the State Education Department take immediate action by enforcing the fire safety report law in order to require compliance by non?public schools and require all current BEDS code recipients to provide documentation proving that they are Operating in a safe building. I appreciate your attention to this matter and look forward to discussing it further. If you have any questions, please feel free to contact me at my of?ce at 845-634~9791. Sincerely, Kenneth P. ebrowski Member of Assembly Cc: Charles Szuberla, Assistant Commissioner