Subdivision 1. Model plan. The commissioners of health and education shall jointly develop a model plan to require school districts to accurately and efficiently test for the presence of lead in water in public school buildings serving students in kindergarten through grade 12. To the extent possible, the commissioners shall base the plan on the standards established by the United States Environmental Protection Agency. The plan may be based on the technical guidance in the Department of Health's document, "Reducing Lead in Drinking Water: A Technical Guidance for Minnesota's School and Child Care Facilities."
Subd. 2. School plans. By July 1, 2018, the board of each school district or charter school must adopt the commissioners' model plan or develop and adopt an alternative plan to accurately and efficiently test for the presence of lead in water in school buildings serving prekindergarten students and students in kindergarten through grade 12.
Subd. 3. Frequency of testing. (a) The plan under subdivision 2 must include a testing schedule for every building serving prekindergarten through grade 12 students. The schedule must require that each building be tested at least once every five years. A school district or charter school must begin testing school buildings by July 1, 2018, and complete testing of all buildings that serve students within five years.
(b) A school district or charter school that finds lead at a specific location providing cooking or drinking water within a facility must formulate, make publicly available, and implement a plan that is consistent with established guidelines and recommendations to ensure that student exposure to lead is minimized. This includes, when a school district or charter school finds the presence of lead at a level where action should be taken as set by the guidance in any water source that can provide cooking or drinking water, immediately shutting off the water source or making it unavailable until the hazard has been minimized.
Subd. 4. Ten-year facilities plan. A school district may include lead testing and remediation as a part of its ten-year facilities plan under section 123B.595.
Subd. 5. Reporting. A school district or charter school that has tested its buildings for the presence of lead shall make the results of the testing available to the public for review and must notify parents of the availability of the information. School districts and charter schools must follow the actions outlined in guidance from the commissioners of health and education. If a test conducted under subdivision 3, paragraph (a), reveals the presence of lead above a level where action should be taken as set by the guidance, the school district or charter school must, within 30 days of receiving the test result, either remediate the presence of lead to below the level set in guidance, verified by retest, or directly notify parents of the test result. The school district or charter school must make the water source unavailable until the hazard has been minimized.
1Sp2017 c 5 art 5 s 1; 1Sp2019 c 11 art 6 s 1,2; 2020 c 83 art 1 s 23
Structure Minnesota Statutes
Chapters 120 - 129C — Education Code: Prekindergarten - Grade 12
Chapter 121A — Student Rights, Responsibilities, And Behavior
Section 121A.01 — Definitions.
Section 121A.03 — Model Policy.
Section 121A.031 — School Student Bullying Policy.
Section 121A.035 — Crisis Management Policy.
Section 121A.037 — School Safety Drills.
Section 121A.04 — Athletic Programs; Sex Discrimination.
Section 121A.05 — Policy To Refer Firearms Possessor.
Section 121A.06 — Reports Of Dangerous Weapon Incidents In School Zones.
Section 121A.10 — Moment Of Silence.
Section 121A.11 — United States Flag.
Section 121A.15 — Health Standards; Immunizations; School Children.
Section 121A.16 — Early Childhood Health And Development Screening; Purpose.
Section 121A.17 — School Board Responsibilities.
Section 121A.19 — Developmental Screening Aid.
Section 121A.21 — School Health Services.
Section 121A.215 — Local School District Wellness Policies; Website.
Section 121A.22 — Administration Of Drugs And Medicine.
Section 121A.2205 — Possession And Use Of Epinephrine Auto-injectors; Model Policy.
Section 121A.221 — Possession And Use Of Asthma Inhalers By Asthmatic Students.
Section 121A.222 — Possession And Use Of Nonprescription Pain Relievers By Secondary Students.
Section 121A.223 — Possession And Use Of Sunscreen.
Section 121A.24 — Seizure Training And Action Plan.
Section 121A.25 — Chemical Abuse Preassessment Teams; Definitions.
Section 121A.26 — School Preassessment Teams.
Section 121A.28 — Law Enforcement Records.
Section 121A.29 — Reporting; Chemical Abuse.
Section 121A.30 — Pesticide Application At Schools.
Section 121A.31 — Safety Requirement Guidelines.
Section 121A.32 — Eye Protective Devices.
Section 121A.33 — Certain Mercury Use In Schools Prohibited.
Section 121A.335 — Lead In School Drinking Water.
Section 121A.336 — Notification Of Environmental Hazards.
Section 121A.34 — School Safety Patrols.
Section 121A.37 — Youth Sports Programs.
Section 121A.38 — Concussion Procedures.
Section 121A.39 — School Counselors.
Section 121A.41 — Definitions.
Section 121A.425 — Full And Equitable Participation In Preschool And Prekindergarten.
Section 121A.43 — Exclusion And Expulsion Of Pupils With A Disability.
Section 121A.44 — Expulsion For Possession Of Firearm.
Section 121A.45 — Grounds For Dismissal.
Section 121A.46 — Suspension Procedures.
Section 121A.47 — Exclusion And Expulsion Procedures.
Section 121A.48 — Good Faith Exception.
Section 121A.50 — Judicial Review.
Section 121A.51 — Reports To Service Agency.
Section 121A.52 — Nonapplication Of Compulsory Attendance Law.
Section 121A.53 — Report To Commissioner Of Education.
Section 121A.54 — Notice Of Right To Be Reinstated.
Section 121A.55 — Policies To Be Established.
Section 121A.56 — Application.
Section 121A.575 — Alternatives To Pupil Suspension.
Section 121A.58 — Corporal Punishment.
Section 121A.582 — Student Discipline; Reasonable Force.
Section 121A.585 — Notice Of Recording Device On A School Bus.
Section 121A.59 — Bus Transportation A Privilege Not A Right.
Section 121A.60 — Definitions.
Section 121A.61 — Discipline And Removal Of Students From Class.
Section 121A.64 — Notification; Teachers' Legitimate Educational Interest.
Section 121A.65 — Review Of Policy.
Section 121A.67 — Removal By Peace Officer.
Section 121A.69 — Hazing Policy.
Section 121A.70 — Secret Fraternities And Societies.