The California Healthy Schools Act requires school districts to implement and abide by an Integrated Pest Management plan, defined as “a pest management strategy that focuses on long-term prevention or suppression of pest problems through a combination of techniques such as monitoring for pest presence and establishing treatment threshold levels, using non-chemical practices to make the habitat less conducive to pest development, improving sanitation, and using mechanical and physical controls”. All pesticide usage must be accompanied by notification to registered subscribers, warning signs posted at all areas that are to be treated, and the capability to provide up to four years of pesticide usage upon request.
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Under state and federal law, a pesticide is any substance that controls, destroys, repels, or attracts a pest.
A pest is any living organism, including insects, plants, fungus, rodents, bacteria, birds, algae, or the like, that is unwanted.
Yes, it does. So are bleach, fungicides, and even disinfectant or sanitizing wipes. In the definition of “pesticide”, ALL life is considered, including bacteria and fungus, not just insects or animals.
These are exceptions, as any substance intended to be applied to the human body is exempt from the classification.
The Healthy Schools Act of 2000 (Assembly Bill 2260) put into place the right-to-know requirements such as notification, posting, and recordkeeping for pesticides used at public schools and public child day care facilities. The legislation also put into law the Department of Pesticide Regulation’s (DPR) existing School IPM Program and requirements for reporting pesticide use.
The Healthy Schools Act was amended in 2005 to prohibit the use of certain pesticides at schools and public child day care facilities that have conditional, experimental use, or interim registrations or have been canceled, suspended, or phased out. The law was amended again in 2006 to include private child day care facilities (except for family day care homes). For more information, including a copy of the laws, go to DPR’s School IPM Web site: www.cdpr.ca.gov/schoolipm.
The Health Schools Act was amended again in 2014 to require annual reporting of pesticide usage, require training of any person that may apply pesticide at a school or child care facility, and remove the requirement that the state reimburse local agencies or school districts for costs incurred by compliance with the Healthy Schools Act.
According to the Healthy Schools Act FAQ question 4-1, because the HSA contains no specific enforcement for the requirements and it falls under the Education Code, the school district superintendent and the district’s elected school board members are responsible for enforcement. A school district’s legal counsel should be consulted for specifics.
As of July 1, 2016, nine factors are required for HSA compliance:
Yes. School districts are responsible for insuring that anyone who will utilize any pesticide product receive appropriate DPR approved training.
DPR approved training certificates are valid for one year.
According to the 2016 yearly address from the Director of the DPR, Brian R. Leahy, “EVERYONE working at schools and daycare centers who uses any pesticide product” with the additional statement that “this means volunteers and teachers’ aides, as well as janitors, groundskeepers, or pest control applicators hired by the school.”
You can find the document with this information at the DPR’s website, linked below.
Technically, yes. However, this leaves a great deal up to chance. If an untrained person uses a pesticide, the school district, not the person using the pesticide, is responsible for the infraction, and could face a fine of up to $5,000 from the DPR, as the school district is required to provide the training.
Recommended best practice is that anyone spending significant time working on school grounds should take the training course, whether or not they intend to use pesticides at any time. Without the training, they can’t know that they’re in violation, and that responsibility falls to the school district.
Education Code Section 17614(a):
Commencing July 1, 2016, and except as provided in subdivision (b), the school designee, and any person, including, but not necessarily limited to, a schoolsite or school district employee, who, in the course of his or her work, intends to apply a pesticide at a schoolsite subject to this article, shall annually complete a training course provided by the Department of Pesticide Regulation or an agent authorized by the Department of Pesticide Regulation. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
IPM Codex will help track who is trained, keep you informed of who needs to be trained soon, and alerts you to who does not have a currently valid certification.
Here are some resources that may be useful in your IPM program administration.