Senate Bill 1405, which became effective on January 1, 2015, imposes additional requirements on school districts and child care centers applying pesticides that are not exempted from regulation under the Healthy Schools Act (“HSA”). Included among the new mandates for schools are the establishment of a pest management plan, an annual requirement to submit records of all pesticide use, and completion of approved pest management training.
By way of background, the HSA—codified by Education Code sections 17608-17613—was enacted in 2000 to promote reduction in the use of pesticides on school sites by focusing on pest prevention through use of the least hazardous pest control practices. The HSA prohibits school districts from using certain types of pesticides identified by the Department of Pesticide Regulation (“DPR”) and places restrictions on the use of others. Under the HSA, districts must adhere to strict notice and recording requirements when using pesticides, including annual written parental notifications and school-site postings prior to the application of pesticides.
The HSA was expanded in 2011 to include child care centers and has now been further expanded by the enactment of SB 1405. Specifically, SB 1405 established the following requirements:
In order to ensure compliance with SB 1405, districts should make sure to complete the IPM plan, template, following the directions listed on the DPR website. Additionally, if not already in place, an accurate system of tracking pesticide application at each school site should be developed. Finally, districts should monitor the DPR website periodically for more information on the training requirements that become effective in July 2016.
If you have any questions regarding this matter, please call one of our six offices.
F3 NewsFlash prepared by Kathleen J. McKee and John W. Norlin.
Kathy is a Partner in the F3 San Diego office.
John is Special Counsel in the F3 San Diego office.
This F3 NewsFlash is a summary only and not legal advice. We recommend that you consult with legal counsel to determine how this legal development may apply to your specific facts and circumstances. Information on a free NewsFlash subscription can be found at www.f3law.com.
Keep up to the minute on the latest updates, NewsFlashes, and legal news by following F3 on Twitter:@F3Law.
© 2015 Fagen Friedman & Fulfrost, LLP
All rights reserved, except that the Managing Partner of Fagen Friedman & Fulfrost, LLP hereby grants permission to any client of Fagen Friedman & Fulfrost, LLP to use, reproduce and distribute this NewsFlash intact and solely for the internal, noncommercial purposes of such client.