New Regulations Regarding Pesticide Use on School Property

On Thursday, September 2, 2010, the Indiana Pesticide Review Board approved new regulations that impact how school corporations may use pesticides on school grounds. These regulations apply to both public and private schools.

When these regulations become effective 30 days after the Indiana Pesticide Review Board completes its publication requirements, a pesticide cannot be applied at a school during normal instructional hours when school is in session unless (1) the pesticide is applied to control an observed pest that poses an immediate health threat situation to the students present, or (2) the pesticide is applied to an area outside and not immediately adjacent to student-occupied buildings. Once a pesticide has been applied, the school must not allow students to enter the area until either four hours or the minimum re-entry time on the pesticide label has passed, whichever is longer. School corporations must also take special precautions when storing pesticides.

The regulations also add an additional annual notification for school corporations to distribute to parents and staff. At the beginning of each school year, school corporations must invite parents, guardians and staff to join a pesticide notification registry. This invitation must also be made whenever a student enrolls in or transfer to a school corporation. School corporations will then have to provide a detailed notice to those listed in the registry at least 48 hours prior to a pesticide application, subject to certain exceptions.

Lastly, the regulations require school corporations to keep and maintain records of all pesticide applications made at the school. Alternatively, the school could arrange, by written agreement, for a licensed pesticide applicator hired by the school to keep and maintain these records. The records must be made available by the school corporation for inspection and copying upon written or oral request.