A BILL TO BE ENTITLED
AN ACT to enact the schoolchildren's health act of 2005.
Whereas, when school is in session, children spend 30% to 50% of their time at school; and
Whereas, it is incumbent upon State government to address public health and environmental issues in the classroom and on school grounds in order to protect the health of school-age children; and
Whereas, inexpensive and easy measures can be taken to provide a healthier learning environment for our children, and, in some instances, these measures actually offer a school district cost savings; and
Whereas, on March 4, 2004, a stakeholders group consisting of the Department of Public Instruction, the Department of Agriculture and Consumer Services, the North Carolina Cooperative Extension Service, the Agricultural Resources Center, the North Carolina Parent Teacher's Association, the N.C. Pest Control Association, The North Carolina State School Boards Association, Inc., and other entities signed a memorandum of understanding establishing their support for Integrated Pest Management (IPM) and creating a model school IPM policy; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  This act may be cited as the Schoolchildren's Health Act of 2005.
SECTION 2.  The General Assembly makes the following findings:
(a)	Arsenic-Treated Wood. – 
(1)	Effective 2004, arsenic-treated wood for residential uses has been removed from the marketplace under a voluntary agreement between the United States Environmental Protection Agency and the industry. Since this is a voluntary agreement, only a State ban will ensure that arsenic treated wood is not used on school grounds in the future.
(2)	Additionally, back stock arsenic-treated wood is still on the market in some places.
(3)	A ban of CCA (copper chromated arsenate) treated wood for use in public schools is a reasonable safeguard measure.
(b)	Mercury. – 
(1)	Mercury is a potent brain toxin, and children, whose brains are still developing, are most vulnerable to its effects.
(2)	Once introduced into the human body, mercury interferes with brain development and can lead to a number of developmental problems, including delayed language acquisition, impaired memory, learning disabilities, and attention deficient disorder.
(c)	Diesel Exhaust Fumes. – 
(1)	Because children's respiratory systems are still developing and they breathe more rapidly, children are more susceptible to air pollution than the average adult.
(2)	Diesel exhaust poses a particular risk to children, because it contains significant levels of small particles, known as fine particulate matter. This particulate matter is so fine that it can pass through the nose and throat and lodge in the lungs, possibly causing long‑term adverse health effects.
(3)	Particulate matter from diesel exhaust is associated with asthma and has been found to increase the risk of lung disease and heart disease. Additionally, it can bind to pollen in the air, further exacerbating allergies and asthma.
(4)	School bus idling and queuing (nose‑to‑tail lineup of buses) dramatically increase the concentrations of detrimental particulate pollution inside school buses.
(d)	Pesticides. – 
(1)	Because children's bodies are still developing, exposure to pesticides can have serious impacts on their long‑term health.
(2)	Schools may subject themselves to liability for immediate injuries to students, faculty, or other staff resulting from improper management of toxic chemicals, such as pesticides.
(3)	Schools can reduce or even eliminate the risks of pesticides by using simple, low‑cost methods, such as Integrated Pest Management (IPM).
(4)	With proper training, planning, and effective communication among affected parties, IPM can prevent pest problems, reduce the need for pesticide applications, and greatly improve the quality of the school environment.
(e)	Mold and Mildew. – 
(1)	Mold and mildew problems occur in schools when moisture gets into the structure, thereby creating a friendly environment for excessive mold and mildew growth.
(2)	Parents and school officials have become more aware of the health risks of mold, such as allergic reactions in children and adults, as the public has become more aware of the problems associated with certain molds.
SECTION 3.  G.S. 115C‑12 is amended by adding a new subdivision to read:
"(33)	Duty to Protect the Health of School-Age Children from Toxins at School. – The State Board shall address public health and environmental issues in the classroom and on school grounds by doing all of the following:
a.	Develop recommended procedures for sealing existing arsenic- treated wood in playground equipment, or establish a time line for removing existing arsenic-treated wood on school grounds.
b.	Ban bulk elemental mercury or chemical mercury compounds for use in a primary or secondary classroom and require local boards, by January 1, 2006, to remove from all primary and secondary schools and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers.
c.	Establish a model policy for adoption by local school boards that reduces school bus exhaust and prohibits unnecessary bus engine idling in order to lower the chance that diesel exhaust fumes will reach children and school personnel. 
d.	Develop guidelines for schools to notify parents and school staff, at least 72 hours in advance of pesticide application, regarding pesticide use on school property.
1.	Provide blanket notification to all parents though written notification, automated phone messages, or any other mechanism a school district has in place to notify all parents.
2.	Establish a notification registry through which interested parents would sign up to be notified any time pesticides are to be used on school grounds.
3.	Exempt from the notification requirements under this sub‑subdivision the application of the following types of pesticide products: antimicrobial cleansers, disinfectants, self‑contained baits, and crack‑and‑crevice gel treatments, and any pesticide products classified by the United States Environmental Protection Agency as belonging to the U.S. E.P.A. Toxicity Class IV, "relatively nontoxic" (bearing no required signal word on the product's label). 
e.	Adopt the model Integrated Pest Management (IPM) policy for school districts that was developed in 2004 by a stakeholders group and led by the School Integrated Pest Management Program at North Carolina State University. As used in this sub‑subdivision, 'Integrated Pest Management' or 'IPM' means the comprehensive approach to pest management that combines biological, physical, chemical, and cultural tactics as well as effective, economic, environmentally sound, and socially acceptable methods to prevent and solve pest problems and that emphasizes pest prevention and provides a decision‑making process for determining if, when, and where pest suppression is needed and what control tactics and methods are appropriate. f.	Study methods for mold and mildew prevention and mitigation and direct that these findings be incorporated into the public school facilities guidelines."
SECTION 4. G.S. 115C‑47 is amended by adding a new subdivision to read:
"(45)	To Address Public Health and Environmental Issues in the Classroom and on School Grounds. – Local boards shall prohibit the use of copper chromated arsenate treated wood on school grounds and shall not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, local boards shall remove from all primary and secondary schools and properly dispose of all bulk elemental mercury, chemical mercury, and bulk mercury compounds used as teaching aids in science classrooms, not including barometers. Local boards shall implement the policies, guidelines, and procedures developed by the State Board to protect the health of school-age children from toxins at school under G.S. 115C‑12(33)."
SECTION 5.  This act becomes effective October 1, 2005.