Toxic Free NC - School Children's Health Act

The School Children’s Health Act was created by Toxic Free NC along with a coalition of NC children’s health advocates to reduce health risks to students and staff from several toxic substances that were common in schools.

The law requires all NC public schools to use Integrated Pest Management, or IPM, instead of higher-risk spray programs for pest control.

The School Children's Health Act became law in North Carolina on Oct. 1, 2006, and in October of 2011, the IPM provision goes into full effect for all the state’s public schools, including charter schools.

Here are the answers to several frequently asked questions about the law. Don’t see your question here? Get in touch with us!

Frequently Asked Questions:

IPM is an acronym that stands for Integrated Pest Management. Integrated Pest Management is a common-sense approach to pests that focuses on prevention and least-toxic control methods. IPM is sometimes also called, “Inspect, Detect, Correct.”

Instead of spraying chemicals on a regular basis, the pest manager inspects to find out whether pests are present. If a pest problem is detected, the pest manager corrects the situation by removing the pest’s food source, water and shelter.

IPM requires little-to-no toxic pesticides, which means reduced health risks for students and staff. IPM is also more cost-effective than conventional spraying programs. Here's more information about IPM.

Why do schools have to use IPM?

IPM is now required for schools in North Carolina because it protects the health and safety of children and staff at school. It is more effective than conventional spray programs for preventing and controlling pest problems.

IPM reduces the health problems caused by common pests, and also dramatically reduces health and safety risks from pesticides. IPM has also been shown to be more cost-effective for school pest control than conventional spray programs. Here's more information about IPM.

What exactly is a pesticide?

The term “pesticide” refers to any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. Though often misunderstood to refer only to insecticides or “bug spray,” the term pesticide also includes herbicides (“weed killer”), rodenticides (“rat poison”), fungicides, and various other substances used to control pests. Pesticides are poisons and pose health risks to humans and wildlife.

What kinds of pest issues are most common in NC schools, and why is pest control so important?

Schools need to control a wide range of pest issues that are common their region of the state, such as cockroaches, ants, fire ants, weeds, stinging insects, mice and more. Oftentimes, schools are especially vulnerable to pest problems: they are typically large buildings, and many are quite old and may be in need of repairs. Messes that attract pests can be common in schools – like cafeteria spills, art supplies and classroom clutter.

Because different people are in charge of cooking, cleaning, repairs, and groundskeeping at a school, it can take a while to discover and then act on a pest problem. Effective pest control is especially important for schools because they are full of kids!

Some pests can cause injuries (like biting or stinging insects), others can aggravate asthma and allergies (cockroaches), damage school property and even carry diseases. The school’s kitchen and dining area is especially prone to pests, and the staff must be extra careful with pests and all aspects of sanitation.

Are schools allowed to use pesticides under the School Children’s Health Act?

Yes. Schools may use pesticides under the School Children’s Health Act.

However, guidelines for IPM in NC schools specify that schools must focus first on pest prevention, and then on least-toxic methods for pest control. “Least-toxic methods” means choosing least-toxic pesticide products, using as little as possible to get the job done, and applying them in a manner least likely to result in human exposure.

Broadcast pesticide application methods such as fogging/bombing or baseboard spraying are discouraged under IPM. Baiting and trapping are good alternative pesticide application methods that carry less risk for human exposure because they are relatively contained.

Guidelines for school IPM are available from Toxic Free NC and the NCSU School IPM Program.

Are any pesticides banned under the School Children’s Health Act?

No. No particular pesticides or pesticide products are banned under the School Children’s Health Act. However, guidelines for IPM in NC schools specify that schools must focus first on pest prevention, and then on least-toxic methods for pest control.

“Least-toxic methods” means choosing least-toxic pesticide products, using as little as possible to get the job done, and applying them in a manner least likely to result in human exposure. Namely, broadcast pesticide application methods such as fogging/bombing or baseboard spraying are discouraged under IPM. Baiting and trapping are good alternative pesticide application methods that carry less risk for human exposure because they are relatively contained.

Guidelines for school IPM are available from Toxic Free NC and the NCSU School IPM Program.

What rights do parents, teachers and other school staff have under the School Children’s Health Act?

All parents and school staff have the right to be notified annually about the school’s pest management program. Parents and school staff also have the right to be notified 72 hours in advance of any non-exempt pesticide application at their school which may affect them, but only if they request such notification. Your school should include instructions for requesting notices about pesticide use with their annual notice about the school’s IPM program. If you don’t receive either or both notices from your school about the IPM program, or about pesticide use notification, call your school and request them.

Pesticide products and applications that are exempt from 72-hour advanced notification are: antimicrobial cleansers, disinfectants, self-contained baits and crack-and-crevice treatments, and any pesticide products classified by the United State Environmental Protection Agency (EPA) as “relatively nontoxic” (US EPA Toxicity Class IV). All other pesticide products used on school grounds are subject to notification requirements.

Guidelines for parent and staff notification about pest management and sample notification forms in English and Spanish are available from Toxic Free NC.

How can I tell if my school is doing a good job using IPM? Are there any specific things I should look for? What about red flags to indicate that they aren’t doing a good job?

If your school is doing a good job with IPM, you should definitely see an annual notice describing an IPM program. An IPM program focuses on pest prevention and uses as little pesticides as possible. The notice should also let you know how you can register to receive 72-hour advanced notification in case there is a higher-risk pesticide application at school.

If you are already receiving pesticide notices, they should be infrequent, and should include a well-reasoned justification for using the higher-risk pesticide, and an explanation of prevention measures the school is putting in place to avoid using such chemicals in the future.

At the school, you may see some evidence of IPM measures in use: mulch or other weed barriers in landscaping, a pest sighting log in the main office or other prominent location, pest monitoring traps in out-of-the-way places, and/or a pest management professional carrying a flashlight (but no spray canister).

Some red flags that may indicate the school is not adhering to IPM:

Does the School Children’s Health Act apply to outdoor school properties, or only indoors? Does it apply to non-school buildings owned by the district, such as the garage or administrative offices?

Yes, the School Children’s Health Act applies to all of these locations for the best protection of both students and school staff in all different positions within the school system.

I don’t think my school’s following the guidelines set forth in the School Children’s Health Act, or I don’t know if they are. Who should I call?

First, find out what the real story is. Call the person identified as IPM Coordinator in your annual notice about the school’s pest control program. If you did not receive that notice, or if that information was not included, you should call your principal’s office, and then your superintendent’s office.

If you are unable to get your questions answered at the school, or you learn that your school is not using IPM, call Toxic Free NC at 1-877-NO-SPRAY.

Do I have any legal recourse if pesticides used at school cause my child or I to become ill?

Yes. The NC Pesticide Law has a set of rules and regulations about “safe” and proper use of pesticides, and many of those rules, if broken, can be used as grounds for state investigations, fines, and/or private lawsuits.

If you have any concern about the safety of pesticide use at your school, you should call your Superintendent’s office, and also report your concern to the NC Department of Agriculture, which enforces the NC Pesticide Law.

If the spraying is going on indoors, contact the Structural Pest Control Section: (919) 733-6100. If the spraying is going on outdoors, contact the Pesticide Section: (919) 733-3556.

You can also call Toxic Free NC for help at 1-877-NO SPRAY. If you are exposed to pesticides, seek medical attention immediately, and/or call 911.

Do I have any legal recourse under the School Children’s Health Act if my school is not using IPM correctly?

No. Technically, the School Children’s Health Act itself cannot be used as grounds for legal or regulatory action. However, the NC Pesticide Law has a set of rules and regulations about “safe” and proper use of pesticides, and many of those rules, if broken, can be used as grounds for state investigations, fines, and/or private lawsuits.

If the spraying is going on indoors, contact the Structural Pest Control Section: (919) 733-6100.If the spraying is going on outdoors, contact the Pesticide Section: (919) 733-3556.

You can also call Toxic Free NC for help at 1-877-NO SPRAY. If you are exposed to pesticides, seek medical attention immediately, and/or call 911.