Background

The inspiration for the “Protecting Kids from Dangerous Chemicals in Schools Act” is primarily from the federal “School Environment Protection Act of 2001.” This bill was introduced by U.S. Senator Torricelli (NJ) and passed as an amendment to the U.S. Senate version of the Elementary and Secondary Education Authorization Bill. However, the U.S. House is expected to pass their version of the Elementary and Secondary Education Authorization Bill without SEPA language. The SEPA version that passed the Senate, provides for most, but not all, of the protections sought in SERC’s “Protecting Kids from Dangerous Chemicals in Schools Act.”

A Comparison of SEPA and SERC’s “Protecting Kids from Dangerous Chemicals in Schools Act”

Buffer Zones

The “Protecting Kids from Dangerous Chemicals in Schools Act” provides for buffer zones around schools, based on those found in Arizona law, to protect children from pesticides that might drift in from aerial spraying, and from the use of the most toxic pesticides immediately around the school. SEPA does not have a buffer zone provision.

Universal Notification

SEPA sets up a registry that parents must sign up for to be informed before pesticides are used. Many fail to do so. The “Protecting Kids from Dangerous Chemicals in Schools Act” requires that school officials inform all parents and staff seventy-two hours before each planned pesticide treatment.

Sign Posting

SEPA requires that signs be posted inside and outside the school 24 hours prior to pesticide application, and that they be left up 24 hours after each treatment. The “Protecting Kids from Dangerous Chemicals in Schools Act” requires signs be posted 72 hours prior to pesticide application, and that they be left up 48 hours after each treatment.

Reentry into Treated Areas

SEPA allows students to reenter a treated area after the period specified on the label of the pesticide during which a treated area or room should remain unoccupied. The “Protecting Kids from Dangerous Chemicals in Schools Act” requires that students wait 24 hours before returning to areas that have been treated with pesticides.