NJSBA POLICY SERVICES	FILE CODE: 3516.1

Discretionary Policy Sample

*Sample discretionary policies are not required for compliance with law or state monitoring (NJQSAC). Discretionary policies adopted by the board should reflect actual district programs and practices.

Sample discretionary policies compiled and distributed by NJSBA are a compilation of research and are not model district policies or suggested best practices. This sample policy should be edited to reflect your actual programs and practices. 

Adopted board policy is binding in a court of law.  Therefore, adopting any policy that does not reflect your actual program or practice can create a liability to the district if challenged.

All newly developed policies and all policy revisions should be reviewed by your board attorney prior to board adoption.     

CHEMICAL MANAGEMENT POLICY

A sustainable school environment supports student achievement by contributing to individual health and safety and engaging the students socially responsible practices that  create a better world for today and tomorrow. The chief school administrator and school business administrator shall develop rules governing environmental safety in school which shall include but not be limited to chemical purchasing practices that minimize staff and student exposure to hazardous chemicals and the safe management and disposal hazardous chemicals and other substances.

Purchasing of Chemical Products

Chemical purchases shall adhere to the following protocol. 

A.	The district has identified the following procedures and guidelines for purchasing chemicals in an effort to minimize student and staff exposure to chemical hazards: 

1.	Any employee wishing to purchase chemicals must send a request to their department head or building administrator. 
2.	Requests shall be approved by facilities director or his or her designee and then be approved by the superintendent prior to purchase. 
3.	Donated items such as hand sanitizers and any products employees want to bring into the school must be approved by facilities director or his or her designee before use or distribution to students or staff. 

B.	First in first out method will be followed. Over purchasing and stock piling are not permitted. 

C.	The least toxic chemical that is still effective for the job is to be selected and purchased. Material Safety Data Sheets should be reviewed to make this determination. This includes selection of cleaning supplies as well as teaching tools for classrooms. Micro and green chemistry are encouraged. 

D.	Chemicals listed on the Banned Chemical List shall not be purchased. 

Use and Storage of Hazardous Substances

The board shall not allow the use of any hazardous substances in or on any of the buildings or grounds of this district when children are present, except in emergencies.  A list of substances that are legally exempted from this requirement can be obtained from the chief school administrator.

The chief school administrator shall inform the board when hazardous substances may be used when children are present, and the board shall determine if an emergency situation exists and such use is warranted.

If any hazardous substance is stored on any school site, the chief school administrator shall make available the hazardous substance fact sheet for that substance to any one who requests it.

At least two days prior to the start of any construction activity involving hazardous substances, the chief school administrator shall post on a bulletin board at the school a notice that such construction will take place.  The notice will state the activity to be conducted and the hazardous substance(s) to be used.

The chief school administrator shall ensure that all parents/guardians receive a notice at least once
a year informing them of the following:

A.	Notice of any construction or other activities involving hazardous substances will be posted on the bulletin board of their children's school;   

B.	Hazardous substances may be stored at the school at various times throughout the year;

C.	Hazardous substance fact sheets for any of the hazardous substances being used or stored are available at the school. 

Chemical Management Guidelines 

A.	Use 

1.	Chemicals will be mixed and used according to manufacturer's directions. Measuring devices or direct mixing systems are to be used. Any warnings, especially requirements for ventilation, are to be followed. 
2.	When possible, use of cleaning products should be performed when students are not present. 
3.	Areas where chemicals are being used will be properly ventilated, including classrooms and laboratories. 
4.	Only properly trained staff may use hazardous chemicals. Staff will receive annual training and when required, certification (i.e. pesticide applicators). 
5.	Required notification procedures will be followed (i.e. pesticide notifications). 

B.	Storage 

1.	Secondary containers will not be used to store chemicals unless they are properly labeled and approved for such use by the facilities director or his or her designee. 
2.	Storage areas will be properly ventilated. 
3.	Storage areas will be compatible with the chemicals being stored in them. 
4.	Reactive chemicals will not be stored near each other. 
5.	Hazardous chemicals will be stored in locked areas at all times. 
6.	All original containers will be labeled with the date received. 
7.	Safe disposal protocols as described by the manufacturer shall be observed.

Unwanted, unused, and outdated chemicals should be identified on a regular basis but at least annually. These identified chemicals should be marked for disposal. 

Disposal will follow state regulations. Pouring down the drain or throwing in the trash is not acceptable or proper disposal in most instances. Spills, Explosions, and Accidents (including inhalation, ingestion, or direct contact) 

In the event of an emergency, employees should report to their building administrator or designee to determine if steps 2 and/or 3 are necessary. Soil Contamination on School Property

Inventory 

Each year, school principals shall ensure that the maintenance staff shall be responsible for and conduct a chemical inventory in each school building. During the inventory, expired and unwanted chemicals are to be identified for proper disposal. 

Soil Contamination

The board shall ensure that notice of soil contamination on school property is provided.  Notice will be provided to each parent or guardian of a student enrolled at the school, and to each staff member of the school.  Notice will be provided within 10 business days of the discovery of the soil contamination, when the contamination is found by the Department of Environmental Protection or a licensed site remediation professional to exceed the department’s direct contact soil remediation standards for residential use. 

The notice shall include: 

A.	A description of the soil contamination and the conditions under which a student or staff member may be exposed to the contamination; 

B.	A description and timetable of the steps that have been taken and will be taken to ensure that there is no contact by any student or staff member with the contamination; 

C.	A description and timetable of the steps that have been taken and will be taken to remediate the soil contamination.

The notice may be provided by: 

A.	Written notice sent home with the student and provided to the staff member; 

B.	Telephone call; 

C.	Direct contact; 

D.	Electronic mail. 

The district shall also post a copy of the notice in a conspicuous location near the site of the contamination to notify any other users of the school grounds of the existence of the contamination.

Implementation

Rules and procedures implementing this policy shall be reviewed and adopted by the board as required by law and shall be disseminated to staff and pupils annually, and whenever any changes are made.

Adopted:
NJSBA Review/Update:
Readopted:

Key Words

Safety, Pupil Safety, Employee Safety, Asbestos, Hazardous Materials, Student Safety

Legal References:	N.J.S.A.  18A:6‑2	Instruction in accident and fire prevention
			N.J.S.A.  18A:11‑1	General mandatory powers and duties
		N.J.S.A.  18A:17‑42 et seq.	Public School Safety Law
			N.J.S.A.  18A:40-12.1, -12.2	Protective eye devices required for teachers, pupils 
				and visitors in certain cases		
			N.J.S.A.  18A:41-1 et seq.	Fire, school security drills
			See particularly:	
			N.J.S.A.  18A:41‑5
			N.J.S.A.  18A:42-1		Safety patrol by pupils	
			N.J.S.A.  18A:54‑20	Powers of board (county vocational schools)
			N.J.S.A.  34:5A‑1 et seq.	Worker and Community Right to Know Act
			See particularly:
			  N.J.S.A. 34:5A -10.1
			  through -10.5					
			N.J.S.A.  34:6A‑25 et seq.	New Jersey Public Employees Occupational Safety and Health Act
			N.J.S.A. 58:10B-24.6 et seq.	Hazardous discharge site remediation
		N.J.A.C.  5:23-1 et seq.	The uniform construction code
			N.J.A.C.  6A:16-5.1	School safety and security plans
			N.J.A.C.  6A:19-6.1 et seq.	Safety and Health Standards (career and technical programs)	
			N.J.A.C.  6A:26-1.1et seq.	Educational Facilities
			See particularly:
			  N.J.A.C. 6A:26-12.1et seq.
			N.J.A.C.  6A:27-12.2	Accident reporting (drivers and aids)
			N.J.A.C.  6A:30-1.1 et seq.	Evaluation of the Performance of School Districts
			
		International Building Code 2015, New Jersey Edition; Frist Printing: September 2015; 
		ISBN: 978-1-60983-156-1; Copyright 2015, International Code Council, Inc.
Possible
Cross References:	*1330	Use of school facilities
			*1410	Local units
			*3510	Operation and maintenance of plant
			*5141.1	Accidents
			*5142	Pupil safety
			*5142.1	Safety patrols
			*6114	Emergencies and disaster preparedness
			*6142.12	Career education
			*7110	Long-range facilities planning

*Indicates policy is included in the Critical Policy Reference Manual.