Lead exposure is one hundred percent preventable, yet tens of millions of children are estimated to still be exposed to lead hazards at home and in school. While federal and state governments have decreased lead exposure, these efforts usually neglect to proactively protect our most vulnerable population—children.
For over a century, our governments failed to regulate lead as it entered almost every facet of our consumer market and infrastructure. Despite long-standing knowledge of the risk of lead poisoning, lead was used for its versatility and low-cost. New studies estimate that at least half of the United States population was exposed to adverse lead levels during early childhood. While statutes and regulations have been put in place to prevent the continued use of lead in infrastructure and some products, few hold anyone responsible for affirmatively removing lead hazards.
There are no federal laws that require schools or child care centers to be tested for lead exposure or install filtered drinking fountains. This is especially concerning because the irregular use and complex plumbing in schools may result in periodic spikes of elevated lead levels. Without mandatory testing, communities are left to estimate how pervasive lead exposure is. Without the installation of filtration systems, communities are left without security that the water their child drinks at school is safe. While a few states have stepped up to fill these regulatory gaps, the states that Fair Shake currently operates in—Ohio, Pennsylvania, and West Virginia—have not. A 2023 nonprofit research report, issued all three states an "F" grade for their failure to prevent lead exposure in drink water at schools.
This information often comes as a shock to many parents. Some parents may have heard that a local school was tested for lead years ago and assumed this was a routine practice required to ensure the safety and health of students. However, such testing is actually voluntary and generally unreliable due to inconsistency in sampling. Further, even if testing comes back positive, a lack of enforcement allows contamination to continue.
Understanding how statutes and regulations fail to protect children from lead in drinking water at schools can help parents make informed decisions on how to protect their children and community. So, what laws do govern lead exposure in drink water at schools and child care centers? We have outlined them for you below.
FEDERAL
Safe Drinking Water Act (SDWA)
The SDWA only regulates entities that operate public water supplies. Thus, the SDWA only regulates the 10% of schools that operate their own water supply.
Thus, according to the U.S. Environmental Protection Agency (EPA), “approximately 98,000 public schools and 500,000 child care facilities are not regulated under the SDWA. These unregulated schools and child care facilities may or may not be conducting voluntary drinking water quality testing.”
The lack of testing and standardized testing procedures makes it difficult to determine with accuracy how pervasive lead is in drinking water at schools and child care centers nationwide. However, local studies suggest that it is widespread.
Despite health experts agreeing that no level of lead is safe, the SDWA only requires action when the water tests at 15 parts per billion.
The Water Infrastructure Improvements for the Nation (WIIN) Act
The WIIN Act requires the EPA to establish a program to financially support voluntary testing at schools and child care centers.
In 2023, it was announced that $58 million dollars will be available for lead testing and remediation for drinking water in schools and child care centers.
Lead and Copper Rule
Community water systems are required to provide corrosion control treatment (to prevent the lead from leaching into water) and conduct water samples. The current “test and fix” is inadequate because it fails to ensure water is safe as it reaches the user. Too often communities do not receive sampling or the current sampling procedures can result in false negatives. To learn more about the shortfalls of the Lead and Copper Rule, check out the “Get the Lead Out” report conducted by the U.S. PIRG Education Fund and Environment America Research & Policy Center.
There is no requirement that school districts be included in sampling. In response, the EPA has released a package of suggestions for school districts to decrease lead exposure; this is known as the 3T (training, testing, take action) optional manual.
Note—The EPA has Proposed Improvements to the Lead and Copper Rule. As written, the proposed changes would not require any lead level testing at schools or child care centers. It would only require that the community water systems offer lead testing to schools and licensed child care centers. While this is an improvement, it is important that the public understands this is not a guarantee the facilities will be tested in the near future; and it is important to let schools and child care centers know this is a priority for parents and children.
STATE OF PENNSYLVANIA
Act 39 of 2018
No mandatory testing:
Testing is voluntary. Schools and child care centers are not required to test for lead levels in the drinking water of any facility.
If a school chooses not to test for lead levels, then the school must discuss lead issues at a public meeting once a year. The meeting could be dedicated to the discussion of lead issues or simply part of an existing meeting (such as a school board meeting).
Limited reporting requirements:
Schools are not required to report all results of lead level tests. Schools are only required to report the results of a test that met or exceeded the “actionable” elevated lead levels (15 parts per billion) to the Pennsylvania Department of Education. This allows schools that have known detectable levels of lead that are below the arbitrary “actionable” level to take no action.
There are no requirements for formal notices to parents.
Public access to tests reported:
The public can access a list of schools that reported elevated lead levels in drinking water at schools from the Pennsylvania Department of Education website. This list includes the level reported, plan for remediation, and date that remediation was complete.
Other considerations for Pennsylvania Residents
The state does not currently have any statutes or regulations governing lead level testing or filters for childcare providers. We were also unable to find any voluntary programs to support such efforts.
A 2021 report, found that Pennsylvania has the second highest number of children testing positive for lead and ranks second-worst for testing children.
The Women for a Healthier Environment issued a report which showed, of schools that tested for lead in Pennsylvania, 91% found lead contamination but only 9% took action to remove it.
A bipartisan group of legislators in the State House plan to introduce a bill which would require and fund the installation of filtered drinking stations in schools.
STATE OF OHIO
There are no statutory or regulatory requirements for testing or addressing lead levels in schools or child care.
No mandatory testing.
No reporting requirements.
Public access to reports:
A person may call the school or local school district’s administrative office to request the result of any lead tests that have been conducted within the last ten years or confirm whether no tests have occurred.
The results of lead tests are considered public record under Ohio Revised Code Section 149.43.
Lead Testing in Childcare Facilities Program.
Currently, the Ohio Department of Health is offering free testing for lead levels in water for childcare providers that are licensed in the state. However, the program is limited to Cuyahoga, Franklin, Hamilton, and Lucas Counties.
Child care centers can apply for free testing on the Ohio Lead Testing in Child Care Programs website or by contacting TetraTech via phone (513.333.3694) or email (OhioLeadTesting@tetratech.com).
STATE OF WEST VIRGINIA
There are no statutory or regulatory requirements for testing or addressing lead levels in schools or child care.
No mandatory testing.
No reporting requirements.
Public access to reports:
A person may call the school or local school district’s administrative office to request the result of any lead tests that have been conducted within the last ten years or confirm whether no tests have occurred.
The results of lead tests are considered public record under West Virginia’s Freedom of Information Act.
Lead Sampling Program for Schools and Child Care Facilities.
The purpose of this program is to “help schools and child care facilities assess if there is a presence of lead in drinking water within their building.”
The program is managed by the West Virginia Department of Health and Human Services and funded in part by the WIIN Act.
To enroll, schools or child care centers can apply online.
Public access to reports:
The public can identify which schools and child care facilities are participating in the program by accessing the Water Quality Dashboard.
Participants are required to make lead level test results available to the public by maintaining a copy of the results in their office or posting the results online. This is true regardless of whether the entity is public or private.
NEXT STEPS
We hope that this information helps parents and communities better understand the gaps in government oversight of lead in drinking water at schools and the risks it presents. With this knowledge, there is power in understanding how to take measures to prevent exposure and hold entities accountable for protecting children in schools. Below we have outlined some potential steps parents and communities could take:
1. Buy a refillable bottle that filters lead and other contaminates from drinking water. This is the most reliable and expeditious way to ensure your child’s health is protected. Plus, your kid can take it anywhere!
For children 4 or younger, Brita provides a small squeezable bottle that is a great option. Filter refills are available. The bottle costs about $7 and refills are $19.
For older children, the astrēa ONE Premium Filtering Water Bottle and Epic Nalgene are both great examples of bottles that filter lead as you drink. They cost $30 and $50 respectively. Filters are readily available.
2. Secure funding for the installation of filters for drinking fountains and bottle refill stations.
Funding could be secured from any public entity (ex: school districts, city council, county council, state legislature, etc.) or private entities (ex: community groups, foundations, etc.). Each community should choose which advocacy efforts would be most efficient for them!
For filtered fountains with bottle-filling stations, the cost of purchase and installation range from $2,725-$4500. These cost estimates are affected by the proximity of adjacent plumbing and electrical services. The average annual maintenance costs range from $141-$650.
It should be noted that investment in filtration systems is the most cost-effective and health-protective approach. When managed properly, the filter first approach ensures that all lead is removed along with other contaminants. A cost analysis conducted by Michigan Filter First revealed that it has savings benefits in the first year and the savings are exponential over 10 years.
3. Encourage adequate testing by ensuring your school has been recently tested or is planning to test, and that the school has a remediation plan if any level of lead was detected.
It is important that that all areas where water is used for consumption or that is accessible to children are tested; such as drinking fountains, kitchen sinks, classroom sinks, and nurse's office sinks.
Requirements for adequate testing could be implemented by a number of public entities; including the school board, city council, county council, state legislature, or Congress.
Note—If the proposed Lead & Copper Rule improvements are implemented as currently written, then the community water systems must offer testing to all schools in their service area. Since schools are not required to accept the offer, it is important that school leaders know this is a priority for parents and children.
If you are in need of support to organize any efforts that promote lead exposure prevention or remediation, call Fair Shake and we will connect you with our Community Democracy Program! We offer resources and technical assistance to community-led environmental justice efforts.
