School Pesticide Neighbor Notification Law

Section 409-h of State Education Law and Commissioner's Regulation 155.24

Reminder

The School Pesticide Neighbor Notification Law requires and outlines an annual notification process for all faculty, staff, and persons in parental relation in public and nonpublic elementary and secondary schools. The law covers all instructional and administrative buildings and grounds, including playgrounds, athletic fields, and bus garages. The following questions and answers address issues related to the School Pesticide Neighbor Notification process.

When did the law become effective?

Who must comply with the new Pesticide Neighbor Notification Law?

What is a pesticide?

What types of school facilities does the law effect?

Who is responsible for ensuring compliance with the law?

Are there penalties associated with non-compliance?

Are all pesticide applications covered under this law?

Notification Guidance

The School Pesticide Neighbor Notification Law and Commissioner's Regulation 155.24 cites specific parties who must be notified, as well as the times and circumstances related to the notification process. Likewise, Commissioner's Regulation 155.24 requires a notification process during the summer school period. The following describes these processes.

School Year Notification Requirements

Beginning of Each School Year

A written notice must be provided to all students, persons in parental relation, and staff at the beginning of each school year with a statement that pesticide applications may take place during the upcoming school year. This notice must include the name of the school representative to contact for further information. The basics of the school IPM program should also be explained at this time. The notice must offer individuals an opportunity to register to receive a written notification at least forty-eight hours prior to pesticide applications, including instructions on how to register with the school to be on the notification list. Individuals may request that their name be added to the registry at any point during the school year.

This notification may be provided in any of the following methods on or before the end of the first week of school:

If a student enrolls or if a person commences employment after the beginning of the school year, the notification must be provided within one week of enrollment or start of employment.

Forty-Eight Hour Registry Notification Protocol

Not less than forty-eight hours prior to a pesticide application, individuals on the forty-eight hour registry must be provided with written notification containing the following information:

The forty-eight hour written notification must also include the following statement:

This notice is to inform you of a pending pesticide application to a school facility. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment, can be obtained by calling the National Pesticide Telecommunications Network Information Line at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Information Line at 1-800-458-1158.

The written notification may be provided in any of the following methods:

The notification must also be posted in a public location within the relevant facility.

Emergency Pesticide Application Protocol

If an emergency pesticide application is necessary to protect against an imminent threat to human health, a good faith effort must be made to supply the written notification to individuals on the forty-eight hour registry, prior to the actual application.

A notification must also be provided to the State Department of Health with the following information:

Pesticide Application Summary Reports

All staff and persons in parental relation must be provided with a written summary of pesticide applications three times each school year at the following intervals:

The written summary must include the following information for the period covered since the previous written summary report:

 

Question: If a school does not use any pesticide products in buildings or grounds, other than those cited as exempt under Education Law 409-H, is the school still required to provide follow-up written notifications to all persons in parental relation and staff at the following intervals: within ten days of the end of the school year; and within two days of the end of winter recess, spring recess, and summer school?

Answer: No, however if an emergency application is necessary to protect against an imminent threat to human health, the school must make a good faith effort to notify all persons in parental relation and staff in writing prior to the emergency application. If the product used falls under those classified as exempt under Education Law 409-H, the notification is not required. Schools must still provide the initial written notification to all persons in parental relation and staff at the beginning of the school year or summer school session informing them of the name and phone number of the school pesticide representative to contact for further information on the school's pest management policies and procedures.

Summer School Notification Requirements

Beginning of Summer School

A written notice must be provided to students, persons in parental relation, and staff enrolled, employed, or involved in summer school at the beginning of the summer school session with a statement that pesticide applications may take place during summer school, including the name of a school representative to contact for further information.

The notice must offer individuals an opportunity to register to receive a written notification at least forty-eight hours prior to pesticide applications, including instructions on how to register with the school to be on the notification list. Individuals may request that their name be added to the registry at any point during the summer school session.

This notification may be provided in any of the following methods on or before the end of the fi first week of the summer school session:

If a student enrolls or if a person commences employment after the beginning of the summer school session, the notification must be provided within one week of their enrollment or start of employment.

Summer School Forty-Eight Hour Registry Notification Protocol

Not less than forty-eight hours prior to a pesticide application, individuals on the summer school forty-eight hour registry must be provided with written notification with the following information:

The forty-eight hour written notification must also include the following statement:

This notice is to inform you of a pending pesticide application to a school facility. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment, can be obtained by calling the National Pesticide Telecommunications Network Information Line at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Information Line at 1-800-458-1158.

This written notification may be provided in any of the following methods:

The notification must also be posted in a public location within the relevant facility.

Summer School Emergency Pesticide Application Protocol

If an emergency pesticide application is necessary during summer school to protect against an imminent threat to human health, a good faith effort must be made to supply the written notification to individuals on the forty-eight hour registry prior to the actual application.

A notification must also be provided to the State Department of Health with the following information:

Summer School Pesticide Application Summary Report

All staff and persons in parental relation enrolled, employed, or involved in summer school must be provided with a written summary of pesticide applications within two days of the end of summer school.

The summary must include the following information for the summer school period: