SECTIONS 32240-32245 - California Statutes

EDUCATION CODE

SECTION 32240-32245

32240. This article shall be known, and may be cited, as the
"Lead-Safe Schools Protection Act."

32241. (a) The State Department of Health Services shall conduct a
sample survey of schools in this state for the purpose of developing
risk factors to predict lead contamination in public schools. The
survey shall include schools that are representative of the state by
geographical region and size of enrollment. The schools to be
surveyed shall be selected on the basis of their ability to provide
data necessary to make scientifically valid estimates of the nature
and extent of lead hazards. Risk factors shall include, but are not
limited to, location in relation to high-risk areas, age of the
facility, likely use of lead paint in or around the facility, numbers
of children enrolled under the age of six, and results of lead
screening programs established pursuant to Chapter 5 (commencing with
Section 105275) of Part 5 of Division 103 of the Health and Safety
Code.
(b) For purposes of this article, "schools" mean public elementary
schools, public preschools, and public day care facilities.
(c) For purposes of this article, "public preschools" and "public
day care facilities" mean preschools and day care facilities,
respectively, located on public school property.

32242. The department shall do all of the following:
(a) Design and implement a strategy for identifying the
characteristics of high-risk schools and provide a basis for
statewide estimates of the presence of lead in schools attended by
young children.
(b) Conduct a sample survey, as described in Section 32241, to
determine the likely extent and distribution of lead exposure to
children from paint on the school, soil in play areas at the school,
drinking water at the tap, and other potential sources identified by
the department for this purpose. To the maximum extent possible,
limited sample testing shall be used to validate survey results. The
department shall compile and summarize the results of that survey and
report those results to the Legislature and the State Department of
Education.
(c) Within 60 days of the completion of testing a schoolsite, the
department shall notify the principal of the school or director of
the schoolsite of the survey results. Within 45 days of receiving the
survey results, the principal or director, as the case may be, shall
notify the teachers and other school personnel and parents of the
survey results.
(d) Make recommendations to the Legislature and the State
Department of Education, based on the survey results and
consideration of appropriate federal and state standards, on the
feasibility and necessity of conducting statewide lead testing and
any additional action needed relating to lead contamination in the
schools.
(e) As deemed necessary and appropriate in view of the survey
results, develop environmental lead testing methods and standards to
ensure the scientific integrity of results, for use by schools and
contractors designated by schools for that purpose.
(f) Evaluate the most current cost-effective lead abatement
technologies.
(g) Work with the State Department of Education to develop
voluntary guidelines for distribution to requesting schools to ensure
that lead hazards are minimized in the course of school repair and
maintenance programs and abatement procedures.

32243. (a) When a school subject to this article has been
determined to have significant risk factors for lead, the school
shall be advised of this finding, and the school shall notify parents
of the provisions of the Childhood Lead Poisoning Prevention Act of
1991 (pursuant to Chapter 5 (commencing with Section 105275) of Part
5 of Division 103 of the Health and Safety Code). Within 45 days of
receiving this finding, the school principal or the director of the
schoolsite shall notify the teachers, other personnel, and the
parents of the finding.
(b) Subsequent to the implementation by the state of a
certification and training program for environmental lead testing and
abatement, any school that undertakes any action to abate existing
risk factors for lead shall utilize trained and state certified
contractors, inspectors, and workers.

32244. Lead-based paint, lead plumbing and solders, or other
potential sources of lead contamination shall not be utilized in the
construction of any new school facility or the modernization or
renovation of any existing school facility.

32245. Funding to implement this article shall be provided from the
Child Health and Safety Fund created under Chapter 4.6 (commencing
with Section 18285) of Part 6 of Division 9 of the Welfare and
Institutions Code, upon appropriation by the Legislature pursuant to
Section 18285 of the Welfare and Institutions Code.