Pesticide Prohibition on Grounds at Schools and Day Care Centers
- Under amendments to the State Education Law (Section 409-k) and Social Services Law (Section 390-g), no school or day care center can apply pesticides to any playgrounds, turf or athletic fields.
- The requirements are administered by the State Education Department for schools and by the Office of Children and Family Services for day care centers. Contact those agencies for information and answers to questions on the prohibition. Contact information is contained in DEC Guidance (see below).
Emergency Pesticide Application Determinations
- Under the State Education Law and Social Services Law, no school or day care center may apply pesticides on the grounds, except that an emergency application may be made, as determined by entities identified in the law, including DEC.
- DEC will make determinations only for pesticide application emergency requests from non-public schools and day care centers which involve environment-related issues.
Non-Public Schools and Day Care Centers - DEC Policy for Emergency Pesticide Determinations
DEC Policy regarding emergency requests from non-public schools and day care centers contains the following:
- The determination request form in Word format (46 KB) and in PDF format (49 KB) for non-public schools and day care centers.
- Types of emergency pesticide application requests DEC will consider from non-public schools and day care centers for environmental issues.
- Procedures and forms DEC staff will use when making emergency determinations, in response to requests from non-public schools and day care centers for emergency applications for environmental purposes.
NOTE: The NY Department of Health (DOH) makes determinations regarding emergency pesticide applications for public health-related issues at non-public schools and day care centers. Public schools seek emergency determinations from their school boards; contact the school board or the State Education Department, Office of Facilities Planning at 518-474-3906.
Guidance for Schools and Day Care Centers
DEC developed Guidance (PDF) (233 KB) designed to help schools and day care centers comply with the pesticide prohibition, as required under Chapter 85 of the Laws of 2010. The Guidance includes:
- Summary of pesticide prohibition and related requirements, including allowed pesticides.
- Introductory tips on alternatives to pesticides for grounds management, such as maintaining soil health and plant selection.
- Link to resources on grounds management without pesticides for more in-depth tips.
- Information on allowed pesticides.
- Contact information for the State Education Department and the Office of Children and Family Services.
DEC's Role with Schools and Day Care Centers
In general, schools and day care centers are regulated by other agencies (State Education Department (schools) and OCFS (day care centers)). Most questions should be directed to those agencies. However, DEC regulates certain aspects of pesticide use at schools and day care centers as summarized below:
- Certify pesticide applicators which provide pesticide services
- Make emergency pesticide application determinations regarding environmental issues at non-public schools and day care centers.
- Issue Guidance (PDF) (233 KB) on alternatives to pesticides for grounds management at schools and day care centers.
- Encourage use of integrated pest management (IPM) and alternatives to pest management.
Pest Management Alternatives for Schools and Day Care Centers
To help promote green and healthy communities and a toxic-free future, schools, day care centers and parents should consider all pest management options and alternatives.
- Prevention and planning are key to effective pest control.
- Pesticides may have a temporary effect, but unless preventative measures are instituted, pests will return to areas where food, water and shelter are available.
- There are many effective alternatives to using pesticides, such as good sanitation and food storage, caulking holes and cracks, and fixing leaky faucets and roofs.
Requirements for Providing Notification Prior to Pesticide Use
If a school or day care center decides pesticides need to be applied, they have an obligation to let parents and staff know ahead of time. The Pesticide Neighbor Notification Law enacted notification requirements for pesticide applications at schools and daycare centers, and for certain lawn pesticide applications. The following is a brief summary of the requirements that apply to schools and day care centers.
School Pesticide Notification
School pesticide notification requirements are part of the State Education Law (section 409-h). It is administered and enforced by the NYS Education Department. In summary, the law requires that schools:
- Provide, at the beginning of each school year, written notice to all parents, guardians, and staff that pesticide applications may take place at the school, instructions on registering with the school to get 48-hour advance notification of the applications, and the name of the school representative to contact for further information.
- Maintain a registry of parents, guardians, and staff who wish to receive 48-hour advance written notice from the school of a pesticide application.
- Send, at least 48 hours prior to a pesticide application, written notice to individuals on the registry.
- Provide staff and parents with a written summary of pesticide applications at three specific times during the school year.
NOTE: Among other exceptions to the requirements, any application where the school remains unoccupied for a continuous seventy-two hour period following the application of the pesticide is also exempt.
Daycare Pesticide Notification
Requirements for daycare pesticide notification are part of the State Social Services Law (section 390-c). It is administered and enforced by the Office of Children and Family Services. Licensed and registered daycare facilities must provide notification at least 48 hours prior to the application of pesticides to their grounds and buildings. The notification must:
- Be posted in a common area where it is visible to everyone dropping off or picking up children at the facility.
- Contain information on the date (including two rain dates for outdoor applications) and location of the application, the name and EPA registration number of the product being applied; and a precautionary statement providing telephone numbers for the daycare representative and for where more information about pesticides can be obtained.
