Revisiting Lead Risks in Schools: Action Items for Independent Schools

Last month, we hosted a webinar for our independent school clients entitled “Turn Down the Heavy Metal: Revisiting Lead Exposure at School-Owned Residences and How to Manage the Risks.” As we shared, independent schools that own older buildings used for housing are vulnerable to lead exposure risks from legacy paints and aging pipes, particularly if there are children under the age of six living in such housing. State and federal laws impose specific obligations on owners of residential housing that include notice, sampling and abatement requirements and it is important for schools to keep these in mind as they consider housing assignments each year.

To assist schools in minimizing health risks and meeting their legal obligations, we want to emphasize a few practical takeaways and action items for schools that may have housing that was built before 1978.

Action Items:

To mitigate risks, schools should consider the following actions:

1. Evaluate and Monitor Residential Buildings
   • Inventory buildings for lead risks, focusing on those built before 1978 and housing children (including children of faculty and staff).
   • Inspect and maintain painted surfaces and dust accumulation, particularly in areas accessible to children.
   • Equip residents to maintain their own spaces free of lead dust and consider prohibiting renovations without school permission.
   • Identify someone who will be responsible for ensuring compliance with lead notice obligations.

2. Develop an Appropriate Lead Management Program
   • Establish or update policies for lead inspection and mitigation. 
   • Assess or organize records of past lead sampling (paint, dust, water, soil), abatement history, required occupant notifications, and infrastructure upgrades.
   • Train facilities staff on proper cleaning, maintenance, and response protocols, including new USEPA lead dust clearance levels.
   • Evaluate current and future insurance coverage (and exclusions) for lead-related claims.
     
3. Review and Update Housing Policies
   • Consider the process for assigning faculty housing, particularly for families with young children.
   • Develop a process for renovating or making improvements to faculty residences to avoid situations where faculty might inadvertently create a risk of lead exposure. 
   • Ensure Housing Policy and Lead Management Program are compatible and responsibilities for each are understood by applicable points of contact.

4. Strategically Plan for Water Safety
   • Implement best management practices for strategic water sampling to account for stricter USEPA lead limits for drinking water.  
   • Certain schools (i.e., qualifying as “public water systems”) may need to replace all lead service lines by 2034 and planning for such costs should begin sooner rather than later.

Looking Ahead

Addressing lead exposure in schools requires a sound strategy and ongoing vigilance, investment, and community involvement. By adopting proactive measures, schools can ensure a safer environment for students, staff, and families while minimizing legal and reputational risks.