On July 13, 2016, the New Jersey State Board of Education adopted regulations as to testing for the presence of lead in drinking water. These regulations have been long-awaited since Governor Christie first announced in May that such testing would be mandatory for all school districts in the State.
Now effective, the regulations require that all drinking water outlets must be tested for lead within 1 year. Some districts may be exempt from testing under certain circumstances.
Districts must develop a sampling plan for the collection and analysis of drinking water samples, and those samples must then be sent to a certified testing laboratory for analysis. Districts may seek reimbursement of the sampling analysis through the Department of Education.
The results of testing must be made available at the school facility and on the District’s website.
If testing results are over the permissible lead levels, the district must notify the Department of Education and parents. That notification must also describe the steps taken to immediately end the use of any drinking water outlet with lead in excess of the permissible level, as well as the measures being taken to ensure that alternate drinking water has been made available to all students and staff.
Don’t let the clock run out on your district’s testing obligations! Contact our school law attorneys for guidance through this new and critical process.