School Environmental Protection Act (SEPA) Information
A Summary of the Bill provided by the Legal Environmental Assistance Foundation, Tallahassee, FL. Member--Florida School IPM Advisory Board.
Children are more vulnerable to low-level pesticide exposure than adults, primarily because of their greater exposure to pesticides. Kids breathe more air and eat more food relative to their body weight, and as a result, pesticides that remain in indoor air and in foods have a greater impact on children's health.
Although children's heightened sensitivity is widely recognized, many schools throughout the United States continue to use toxic pesticides as the primary method of pest control. Chemicals known to cause serious health problems are often applied on a weekly or monthly basis regardless of whether there is a pest problem, and in many cases, they are applied during school hours without warning. There is no national policy on pesticide use in schools; and although 30 states provide some level of protection, policies regarding pest management are uneven across the nation.
Recognizing schools as a significant exposure environment, in October 1999, Senators Torricelli (NJ) and Murray (WA) introduced federal legislation requiring local educational agencies to implement least toxic integrated pest management programs. The proposed legislation, known as the School Environmental Protection Act ("SEPA"), provides a national standard of protection that will greatly reduce the use of toxic pesticides in schools.
Bill summary
SEPA requires public schools to use the safest methods of pest control in school buildings and on school grounds. Although states may establish their own pest control systems, at a minimum they must comply with the Integrated Pest Management ("IPM") principles set forth in the act. Schools must use non-chemical methods of pest control, including sanitation, structural repair, and other IPM approaches. They may apply low toxicity pesticides, which under SEPA include nonvolatile baits, boric acid, and microbial or botanical insecticides. Schools may only use such pesticides as a last resort. SEPA explicitly prohibits the application of pesticides known to cause cancer, neurological or immune system effects, endocrine disruption, and other serious health problems.
IPM strategies are highly effective and relatively inexpensive compared to conventional pesticides. However, SEPA allows the use of conventional pesticides if a school finds that a pest cannot be controlled by using IPM and least toxic pesticides. The school must notify parents and school employees 72 hours before and leave warning signs in place for 72 hours after using the pesticide. When the immediate health and safety of children are threatened, this prenotification requirement is waived, but the school must still provide notice of spraying within 24 hours of pesticide application. Despite these exceptions, SEPA strictly prohibits schools from applying pesticides while school facilities are occupied or in use and prohibits occupation of school facilities within 24 hours of a pesticide application.
The bill's notification provisions give parents have access to information about pesticide management in their children's schools. In fact, the bill explicitly recognizes a parent's right to know this kind of information. At the beginning of every school year, schools must describe the IPM system that will be implemented, list pesticides that may be used during the school year, and inform parents that the school maintains records (including pesticide labels) of pesticide applications. School districts must provide pesticide use data to parents or other members of the public upon request.
Finally, the legislation also establishes a 12-member National School IPM Advisory Board to set uniform standards for implementation of school IPM programs and to review proposed restrictions of pesticides. The Board must compile a list of acceptable least toxic pesticides, review conventional pesticides currently used in schools to determine whether they may endanger children's health, and recommend restrictions that should be applied to dangerous pesticides. The Environmental Protection Agency has final authority in deciding whether to prohibit a particular pesticide for use in schools; however, lists of both restricted pesticides and acceptable least toxic pesticides are subject to public review and comment (as are any amendments to the lists).
Summary Provided by: Aliki Moncrief, Legal Environmental Assistance Foundation, Tallahassee, FL. Member--Florida School IPM Advisory Board
