[DSM note: the 2 sections below, added in 2002, are valuable in showing that the Commonwealth has recognized the value of protecting children in school settings against exposure to harmful pesticides and herbicides.]
|PUBLIC SCHOOL CODE OF 1949|
|Excerpts re pesticides: sections 772.1 and 772.2||PUBLIC SCHOOL CODE OF 1949 Act of Mar. 10, 1949, P.L. 30, No. 14 [as amended]|
Section 772.1. Integrated Pest Management Programs.–a) Each school shall, by January 1, 2003, adopt an integrated pest management plan in accordance with the integrated pest management policies established by the department on the effective date of this section until regulations are promulgated by the department…
[DSM summary: The Department of Agriculture shall “maintain a hypersensitivity registry to assist in the notification of students and employes who are especially sensitive to pesticides” (defined to include herbicides) and work with schools for that purpose. A school is defined as “a school district, an intermediate unit, an area vocational-technical school or any of these entities acting jointly.”]
Section 772.2. Notification of Pesticide Treatments at Schools.–(a) The following apply to pesticide applicators:
(1) For a pesticide treatment at a school building, the certified applicator or pesticide application technician shall supply the pest control information sheet and a pest control sign, which must be at least eight and one-half by eleven (8 1/2 by 11) inches in size, to the chief administrator or building manager.
(2) For a pesticide treatment on school grounds, including athletic fields and playgrounds, the certified applicator or pesticide application technician shall supply the pest control information sheet and a pest control sign, which must be at least eight and one-half by eleven (8 1/2 by 11) inches in size, to the chief administrator or grounds manager.
(b) Responsibilities of schools are as follows:
(1) Except as provided in clause (3), notification of pesticide treatments shall be as follows:
(i) For a pesticide treatment at a school building, the school shall be responsible for all of the following:
(A) Posting the pest control sign received under subsection (a)(1) in an area of common access where individuals are likely to view the sign on a regular basis at least seventy-two (72) hours before and for at least two (2) days following each planned treatment.
(B) Providing the pest control information sheet received under subsection (a)(1) to every individual working in the school building at least seventy-two (72) hours before each planned treatment.
(C) Providing notice, including the name, address and telephone number of the applicator providing the treatment, day of treatment and pesticide to be utilized, to the parents or guardians of students enrolled in the school at least seventy-two (72) hours before each planned treatment as follows:
(I) notice to all parents or guardians utilizing normal school communications procedures; or
(II) notice to a list of interested parents or guardians who at the beginning of each school year or upon the child’s enrollment requested notification of individual application of pesticides….
[DSM summary: Pesticide (including herbicide) applicators must supply information about the pest control chemical plus a sign. The school must, at least 72 hours before the planned treatment, post the sign and provide the pest control information sheet to all working in the building plus all parents of students (or all parents who have requested notification, if the school sets up a notification system. Also, ” pesticides may not be applied within a school building where students are expected to be present for normal academic instruction or organized extracurricular activities within seven (7) hours following the application or on school grounds where students will be in the immediate vicinity for normal academic instruction or organized extracurricular activities within seven (7) hours following the application.
Notification requirements to schools and families are extensive enough that spraying agencies and companies would just rather not spray than go through the required process and stir up rightful public concern about their operations around the young.]