Written Policy Clarifying State and County Roles in Enforcing Provisions of the Healthy Schools Act (Assembly Bill 2260)
Governor Davis signed into law the Healthy Schools Act of 2000 (Assembly Bill 2260). This law (1) adds some requirements for schools, such as parental notification of pesticide applications, warning signs, and record keeping at schools; (2) adds enhanced pesticide use reporting (at least annually) by licensed pest control businesses which apply pesticides at public schools and day care facilities (effective beginning with the year 2002); and (3) puts into code the Department of Pesticide Regulation’s (DPR’s) existing voluntary School Integrated Pest Management (IPM) Program.
Traditionally, laws concerning the use of pesticides are found in the California Food and Agricultural Code, with DPR and the County Agricultural Commissioners (CAC) serving as the enforcing agencies. However, many of the requirements of the Healthy Schools Act are found in the Education Code, thereby not enforced by DPR or the CACs. Confusion about roles and responsibilities may exist for CACs, as well as for schools and school districts, in enforcing or reporting violations and handling complaints regarding pesticide use issues at schools.
The CACs are involved at schools through Food and Agricultural Code requirements but are not directly involved in Education Code requirements. The CAC staff, as part of their regular duties, may perform inspections or investigations at schools; for example, when investigating pesticide complaints.
SUGGESTED GUIDANCE: If CAC staff encounter potential violations of the Healthy Schools Act Education Code provisions, they may inform the school district that they are out of compliance with the Education Code.
SUGGESTED GUIDANCE: If a parent has a complaint about noncompliance of a school with the Education Code requirements, then CAC staff may refer the parent to the school in the following ways:
- School principal, if site issue.
- School district superintendent.
- School board.
To ensure the productive working relationships you currently have with school districts, please continue to use discretion and professional courtesy. If you have any questions, please feel free to contact Dr. Madeline Brattesani, Senior Environmental Research Scientist, at (916) 324-4082 or e-mail her at mbrattesani@cdpr.ca.gov.
Sincerely,