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NOVEMBER 2004

State Ignored Threat of
Elevated Lead Levels in Water at 120 Schools

by Steven Sanders

The State Education Department (SED) and the State Health Department (DOH) have ignored, for over three months, results of a survey they conducted concerning levels of lead in drinking water at schools and daycare facilities. Of 684 schools and daycare facilities surveyed who responded, 120, or 18 percent, reported the presence of potentially dangerous levels of lead in their water. The survey did not ask schools to report the actual test reading, only whether lead levels were below or above 20 parts per billion (above what the U.S. Environmental Protection Agency (EPA) deems an “actionable level”). They ignored the findings entirely and did absolutely nothing to follow up.

Given the results of this survey of a significant sample of schools and daycare facilities, there are probably hundreds more throughout the state with unacceptably elevated or hazardous lead content in children’s drinking water. If the level of lead in drinking water is too high, it poses imminent health threats, particularly over time and especially to infants and children. Very troubling is that lead is associated with irreversible learning disabilities, hearing loss and attention deficits. For neither SED nor DOH to show any concern or even curiosity about this is a disgrace.

Parents should have been warned, and schools should have done remediation where lead levels were at a medically dangerous level. The State failed even to request the actual readings to learn precisely how much over the 20 parts per billion measure the samples indicated. What if some schools have 200, 2000 or 10,000 parts per billion? Neither the State Education Department nor the Health Department bothered to ask. Who knows how many children are being contaminated?

In April of this year SED, in a collaborative effort with the State Health Department, sent out surveys to schools and daycare facilities in districts where local water supplies had reported elevated levels of lead, as well as to schools that have their own water supplies. The notice accompanying the survey provided the following background information: “Exposure to lead is a critical health concern especially in children whose growing bodies tend to absorb more lead than adults. The longer water remains in contact with leaded plumbing components, the likelihood for lead to reach into water increases.” These results were made known to SED and DOH in August.

You do a survey, you need to follow it up with action and appropriate oversight. They had these results almost three months ago and have done absolutely nothing. The State Education and State Health Departments showed no sense of urgency about protecting children especially, not to mention others also at risk. Both Departments were shamefully negligent. They should have 1) investigated the exact conditions at each of the 120 schools; 2) ensured that parents were notified where lead levels were indeed a health risk; and 3) checked that all appropriate corrective measures were taken to protect children where the water was unsafe.

I plan to introduce legislation requiring the State to implement a water quality testing regimen, perhaps modeled after U.S. EPA protocols, for every public school. At present, such testing is mandatory only for the 400 school buildings in New York State that have their own water supply.

What a shame when government officials, who surely have the obligation to protect children, could sit back and ignore results of their own survey. The sad truth is we don’t know how many children may have already been harmed, in some cases even, irreversibly.#

Assemblyman Sanders is chairman of the Education Committee.  E-mail him at sanders@assembly.state.ny.us or phone 212.979.9696.  His mailing address is 201 East 16th Street, New York, NY 10003.

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