Free Public Schools
CHAPTER 43. Healthy Schools Indoor Environment Standards and Portal
As used in this chapter:
(1) “HVAC system” means the equipment, distribution network, and terminals that provide, either collectively or individually, heating, ventilation, or air conditioning to a building.
(2) “Indoor environment” means the overall potential health factors within a specific school, including air quality, mold levels, and other potentially harmful toxins.
(3) “Occupational Safety and Health Administration” (OSHA) refers to the federal agency created under the Occupational Safety and Health Act of 1970 [29 U.S.C. § 651 et seq.] to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.
(4) “Routine indoor air monitoring program” means testing procedures, testing protocols, and testing frequency established by the Division of Public Health in accordance with this chapter.
(5) “School activity hours” means any time of day in which students or school personnel occupy school facilities throughout the year.
(6) “Standard 62.1” means the American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 62.1 as updated or amended entitled “Ventilation for Acceptable Indoor Air Quality.”81 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 435, § 2;
(a) On or before January 1, 2024, the Division of Public Health shall establish a routine indoor air quality monitoring program and standards that includes allowable ranges for temperature and humidity in public schools. The Division of Public Health must take into consideration indoor air quality recommendations provided by OSHA and industry best practices, such as Standard 62.1. The program must be developed by individuals with expertise in indoor air quality and industry professionals having detailed knowledge and experience with Standard 62.1 and must be developed in consultation with the Department of Education and Delaware school districts. The Division of Public Health shall publish the air quality monitoring program guidelines on the Department of Health and Social Services website.
(b) On or before January 1, 2024, the Division of Public Health shall establish reporting requirements for local and regional boards of education.
(c) On or before January 1, 2024, the Division of Public Health shall establish a contractor certification program for public school indoor air quality services.
(d) Once the contractor certification program is established, local and regional boards of education entering into contracts for indoor air quality remediation may do so only with contractors certified by the Division of Public Health to provide public school indoor air quality services.83 Del. Laws, c. 435, § 2;
(a) On or before May 1, 2025, each school district superintendent shall do all of the following:
(1) Identify an individual within each school district to be responsible for receiving indoor air quality complaints and for reporting such complaints to the superintendent.
(2) Make available on the district’s website the procedure for any party to file such a complaint with the identified individual.
(b) Complaints received by the school district must be reported to the school board at the next regularly-scheduled meeting.
(c) Indoor air quality complaints filed under this section must be investigated by the local board of education.83 Del. Laws, c. 435, § 2;
The Division of Public Health and the Department of Education shall collaborate with local school districts to identify information and technical resources to guide schools in improving the indoor environment based on the requirements of this chapter.81 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 435, § 2;
The Division of Public Health shall provide technical expertise and information that are consistent with the requirements of this chapter to support to local school districts in addressing indoor environment concerns via an information portal on the Delaware Health and Social Services website.81 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 435, § 2;
The Department of Education shall provide notification to local school districts of the newly created portal at least once per school year.81 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 435, § 2;
Every public school within a local school district shall post the contact number for the Division of Public Health in a location for public display.81 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 435, § 2;
The Division of Public Health has the authority to make unannounced visits to any public school within a local school district for the purpose of complying with this chapter. No public school official may attempt to prohibit any unannounced visit by the Division of Public Health when acting pursuant to this chapter.81 Del. Laws, c. 93, § 1; 83 Del. Laws, c. 435, § 2;