FOR IMMEDIATE RELEASE:
Wednesday, August 29, 2001

GOVERNOR PATAKI SIGNS LEGISLATION TO IMPROVE SCHOOL SAFETY

New Law Will Require Schools to Install Safety Devices on Moving Partitions

Governor George E. Pataki today announced that he has signed into law a measure that will require schools across New York State to install new safety devices on all moving partition walls used in school gymnasiums and auditoriums.

The legislation signed by the Governor is designed to prevent accidental deaths and serious physical injuries, and follows in the wake of a tragic incident that recently took the life of a 12-year-old student in Ithaca.

"This new law will help to ensure the physical safety of New York's children and prevent future tragedies from occurring in our schools," Governor Pataki said. "We are committed to providing the safest, most secure learning environment possible, and the installation of these safety devices represents another important step to help keep our students out of harm's way."

The legislation signed by the Governor requires schools to install a safety device that will stop the forward motion of a partition whenever a person passes between the moving partition and the wall. The devices will also stop the partition when a person is present in the area where the partition is being stacked.

Senator James L. Seward said,"I applaud the Governor for signing this bill into law. It will once and for all avoid future tragedies by ensuring that folding doors stop when they meet resistance, like a child in the door's path. I believe this law will save the life of another child down the road when awareness alone dims and safety protocols are forgotten, ignored, or treated as too routine. In addition to the value of the bill itself, we're providing state aid for the cost of upgrading because we don't want to impose another mandate on school districts without the appropriate funding."

The new law requires the new safety devices to be placed on all partitions, regardless of when they were installed. The measure does not require the use of specific technology, thereby giving schools the option and flexibility to use more advanced technologies in the event they become available. Local school districts will be eligible for reimbursement through State building aid.

Additionally, the new law contains stiff penalties that can be imposed against anyone who disables the new safety devices. Penalties for such an offense would include a $100 fine and up to 15 days in prison. School districts will have one year to comply with the new regulations. This past school year, 12-year-old Rashad Richardson was killed when he attempted to walk around a closing electric gym partition in a school in Ithaca. The incident occurred in spite of previous partition wall safety measures that were enacted in 1992.

Electronic moving partitions are often used to divide gymnasiums and auditoriums in schools. In 1991, a nine year old girl was killed by a moving partition and the State Education Department (SED) mandated new safety procedures, including a two switch, emergency stop feature on new partitions. However, SED lacked the authority to require retrofitting of old partitions.