Peter Franchot

Comptroller

September 20, 2016

Ms. Vanita Gupta
Principal Deputy Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Ms. Gupta:
Last month, thousands of students across the Baltimore region returned to school to begin
the new academic year. However, more than 50,000 students attend schools without airconditioning once again exposing them to significant health and safety risks amidst soaring
temperatures and humidity in thousands of classrooms in Baltimore City and Baltimore County.
Maryland is home to some of our nations best public schools, and our State will continue to
make considerable investments to ensure that our children receive high-quality education to prepare
them for college and beyond. However, like most states across the country, there is room for
improvement. One of the most important issues that continue to be of great concern to us is the lack
of air-conditioning units in over 100 schools in Baltimore City and Baltimore County.
Most significantly, a substantial number of schools that lack air-conditioning are in
historically low-income communities, with the vast majority of these schools serving high
percentages of student populations that receive free and reduced price meals (FARMs). A good
education is critical to a brighter future, breaking down barriers and laying the foundation for
success. This is especially true for the students who come from historically disadvantaged
communities who, like all Maryland students, have a right to receive a high-quality public
education. These students, therefore, merit greater resources and assistance to level a playing field
that remains unbalanced. A critical factor of a good public education is the environment in which it
is experienced, which is why we remain appalled that more than 50,000 young Marylanders are
forced to learn in stifling classrooms that would be inhabitable for most pets much less children,
teachers, and school employees.
In a sincere attempt to address the significant health risks associated with excessive heat in
classrooms, both Baltimore County and Baltimore City school systems have policies pertaining to
heat-related school closures. In Baltimore County, the policy mandates that schools without airconditioning must close if outdoor temperatures reach and/or exceed a heat index of 90F by 11:00
AM. In Baltimore City, according to their policies which are arbitrary and inconsistent schools
may close early if temperatures exceed 85F by 9:00 AM. While the policies in effect are wellintentioned, they continue to raise concerns that are significant and merit careful examination and
consideration.

80 Calvert Street P.O. Box 466 Annapolis, Maryland 21404-0466 410-260-7801 1-800-552-3941 (MD)
Fax: 410-974-3808 Maryland Relay 711 TTY 410-260-7157 pfranchot@comp.state.md.us

Ms. Vanita Gupta, page 2

September 20, 2016
The heat closure policies may not take into account that indoor temperatures especially in
older school facilities are much higher than outdoor temperatures. The World Health Organization
recommends that 75F should serve as a maximum for comfortable indoor working temperature.
What many fail to realize is that an outdoor temperature of 90F and above equate to indoor
temperatures and heat indexes reaching as high as 100F.
A recently-released study conducted by Harvard University Department of Economics
researchers found that excessive heat in classrooms had a measurable, detrimental impact on how
New York City high school students performed on the states annual standardized exam. The
Harvard University researchers analyzed 4.6 million scores on that examination and concluded that
hot temperature in the classroom affects student performance considerably in ways that can have
substantial and economic consequences. Researchers also found that students who take their high
school exit exams on a 90F day score -4.5% per exam, and face a 10.5% lower likelihood of
passing any given subject. This draft study appears to confirm that student academic performance
is detrimentally affected by these unsafe and unhealthy sweltering classrooms. Wed like to
emphasize once again that the majority of the students who attend non-air-conditioned schools are
already at a considerable disadvantage, since so many of them come from economically challenged
and financially insecure households.
Additionally, we are greatly concerned with the academic impact of heat-related school
closures. To date, Baltimore Countys 36 non-air-conditioned schools have closed 4 days due to
excessive heat, and Baltimore City dismissed schools without air-conditioning due to high
temperatures. For every day that a school closes due to excessive heat, students lose valuable
instructional time that is critical to their academic success and progress. This is especially
significant to students who have learning disabilities, special needs, and those who take collegelevel courses.
These disruptions in their learning experience place thousands of students at a considerable
disadvantage, especially when their academic proficiencies are measured via mandated standardized
testing, Advanced Placement (AP) exams, and college preparation classes. These assessments are
highly consequential as they serve as benchmarks and measures that influence grade promotions,
eligibility for graduations, and admission into colleges and universities.
Reports indicate that there is a high likelihood that heat-related school closures will not be
made up later in the academic year, due to waivers that can be granted by the Maryland State
Department of Education. With an unpredictable Maryland winter and the potential for a number of
snow-related school closures, students who attend non-air-conditioned schools stand to lose a
significant amount of school days due to heat-related closures. Equally as harmful to their academic
performance is continued exposure to the sweltering conditions that are simply unacceptable.

Ms. Vanita Gupta, page 3

September 20, 2016

Unfortunately for the more than 50,000 students who are forced to learn in these unsafe and
unhealthy learning environments, these critically important assessments do not consider the amount
of school days theyve missed, or the health-related factors that affect their ability to concentrate
and learn in sweltering classrooms. They are still expected to perform at the same level of
proficiency as their peers who attend air-conditioned school facilities. This, despite the fact, that
affordable and dependable remedies most notably, the installation of portable air-conditioning
units have been readily available to these jurisdictions and have proven to be successful in
addressing the problem elsewhere.
To put it bluntly, the continued exposure of thousands of students many of whom come
from heavily low income households to unhealthy and unsafe learning environments is a blatant
neglect of their civil rights. Their health, well-being, and academic future are all at stake, and are
being jeopardized by the simple fact that their schools have not been prioritized for air-conditioning
by school system administrators and politicians.
In response to significant pressure from parents, students, teachers, and policymakers,
Baltimore County has taken considerable steps to accelerate its schedule for installing central airconditioning in many of the schools that are not climate controlled. While we acknowledge that
these are steps in the right direction, the fact remains that even if this ambitious timetable actually
comes to fruition, thousands of students will continue to suffer in sweltering classrooms and unsafe
learning environments.
We find it unconscionable that students are experiencing heat-related medical illnesses for
simply going to school, and we are very concerned about the grave consequences that these
unhealthy conditions have on students academic performance and economic future. Continued
inaction on these matters can no longer be tolerated nor should it be. While we are cognizant of the
significant caseload your office is charged with investigating, it is our sincere hope that you will
examine the serious concerns we have outlined in this letter.
These students deserve to have the same educational experience as Maryland students who
are privileged to live in more affluent communities. Its time that these issues are addressed, and we
respectfully hope you concur.

Sincerely,

Peter Franchot
Comptroller
State of Maryland

Gerald G. Stansbury
President, Maryland State Conference
NAACP