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Environmental Law Institute

According to the U.S. EPA, indoor radon exposure results in an estimated 21,000 lung cancer deaths in the United States each year. That makes indoor radon the second leading cause of lung cancer, the leading cause of lung cancer among non-smokers, and the seventh leading cause of cancer mortality overall.

Radon is a colorless, odorless gas that is produced from the decay of radium released from uranium ore that is present in most rock and soils. When radon enters a building through cracks or other openings in the foundation or slab, it becomes concentrated indoors. Inhaling radon over a period of years increases cancer risk; the higher the radon levels, the greater the risk.

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World Health Organization, 2009.

Diseases related to inadequate water, sanitation and hygiene are a huge burden in developing countries. It is estimated that 88% of diarrhoeal disease is caused by unsafe water supply, and inadequate sanitation and hygiene (WHO, 2004c). Many schools serve communities that have a high prevalence of diseases related to inadequate water supply, sanitation and hygiene, and where child malnutrition and other underlying health problems are common.
Schools, particularly those in rural areas, often completely lack drinking-water and sanitation and handwashing facilities; alternatively, where such facilities do exist they are often inadequate in both quality and quantity. Schools with poor water, sanitation and hygiene conditions, and intense levels of person-to-person contact, are high-risk environments for children and staff, and exacerbate children’s particular susceptibility to environmental health hazards.
Children’s ability to learn may be affected by inadequate water, sanitation and hygiene conditions in several ways. These include helminth infections (which affect hundreds of millions of school-age children), long-term exposure to chemical contaminants in water (e.g. lead and arsenic), diarrhoeal diseases and malaria infections, all of which force many schoolchildren to be absent from school. Poor environmental conditions in the classroom can also make both teaching and learning very difficult.

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EPA, 2013.

This guide is intended for use by school officials and child care providers responsible for the maintenance and/or safety of school and child care facilities including the drinking water. The purpose of this guide is to describe the importance of implementing best management practices for drinking water in schools and child care facilities and how a school or child care facility would go about implementing these practices. This guide is specifically designed for schools and child care facilities that have their own well and, therefore, are classified as a public water system. This guide is not a regulation itself, nor does it change or substitute for those provisions and regulations. Thus, it does not impose legally binding requirements on EPA, states, public water systems, schools or child care facilities. This guide does not confer legal rights or impose legal obligations upon any member of the public. While EPA has made every effort to ensure the accuracy of the information in this guide the obligations of the regulated community are determined by statutes, regulations or other legally binding requirements. In the event of a conflict between the information in this guide and any statute or regulation, this document would not be controlling.

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FEMA developed the Best Available Refuge Area (BARA) Checklist for the first edition of FEMA P-361 to use in assessing a building’s susceptibility to damage from extreme-wind events such as tornadoes and hurricanes. The checklist evaluation process guides registered design professionals (architects and engineers) in identifying potential refuge areas at a site with one or more buildings. The term “best available refuge area” (or “BARA”) refers to an area in an existing building that has been deemed by a registered design professional as likely to protect building occupants during an extreme-wind event better than other areas in the building when a safe room is not available.

The BARA should be regarded as an interim measure only until a safe room can be available to building occupants. A safe room is a hardened structure specifically designed and constructed to the guidelines specified in FEMA P-320, Taking Shelter from the Storm: Building a Safe Room for Your Home or Small Business and FEMA P-361, Safe Rooms for Tornadoes and Hurricanes: Guidance for Community and Residential Safe Rooms.

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California Department of Education.

Chapter 558 of the Statutes of 2010 (Senate Bill 1413, Leno) establishes California Education Code (EC) Section 38086, which requires school districts to provide access to free, fresh drinking water during meal times.

Making Free, Fresh Drinking Water Available to Students During Meal Times
Complying with California Senate Bill 1413 (Leno)

Chapter 558 of the Statutes of 2010 (Senate Bill [SB] 1413, Leno) establishes California Education Code (EC) Section 38086, which requires school districts to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating it is unable to comply with this requirement due to fiscal constraints or health and safety concerns.

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Centers for Disease Control and Prevention; US Dept. of Health and Human Services, 2014.
Drinking water can contribute to good health, and schools are in a unique position to promote healthy, dietary behaviors, including drinking water. More than 95% of children and adolescents are enrolled in schools, and students typically spend at least 6 hours at school each day.
Ensuring that students have access to safe, free drinking water throughout the school environment gives them a healthy alternative to sugar-sweetened beverages before, during, and after school. Access to safe, free drinking water helps to increase students’ overall water consumption, maintain hydration, and reduce energy intake, if substituted for sugar-sweetened beverages.

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This publication is meant to be an aid to the staff of the CDPH Drinking Water Program and cannot be relied upon by the regulated community as the State of California‘s representation of the law. The published codes are the only official representation of the law. Refer to the published codes in this case, 17 CCR and 22 CCR whenever specific citations are required. Statutes related to CDPH‘s drinking water related activities are in the Health & Safety Code, the Water Code, and other codes.

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Frequently Asked Questions (FAQ)

Why is water important?

Water is an essential nutrient that is vital to life.  Poor hydration can harm physical and mental performance.  Healthy and calorie-free, water is the perfect hydrating beverage and an ideal alternative to sugary drinks, such as soda.  When kids are thirsty, they should be reaching for water, not soda.
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Is this really an issue?  Aren't kids able to get a drink water in schools now?

Yes, unfortunately, this is an issue!  At first glance, people might think it a "no-brainer": of course kids can get water in schools.  But, looking more closely, the situation is worse than many think.  In California, a recent survey found that at least 40 percent of responding districts did not have access to free drinking water for students during school meals.  As new laws come into effect that rid schools of sodas and other unhealthy beverages, it is vital to make sure that the healthy alternatives are easy and convenient.  Ensuring that students have drinking water easily available and accessible is a key strategy to combating obesity and encouraging healthy habits.

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What's Currently Required?

An array of federal, state, and local policies and regulations govern water availability in schools.  Recent legislation created a federal requirement that free drinking water be available to students during school meals.  Some states might also have their own policies.  In September 2010, California passed legislation, SB 1413 (Leno), to require that free, fresh drinking water be available where meals are served or eaten.  Massachusetts has enacted similar legislation and other cities and localities might have similar requirements.

Other local and state policies can also broadly influence access to water in school buildings, but these are generally not specific to availability during meals or in the areas where meals are served or eaten.  In addition, state and local policies can govern water safety and water testing.

Because policies to require water availability with school meals are relatively recent, many schools are probably not currently in compliance.  Some schools might have existing local policies or rules, perhaps stemming from local school wellness policies, that require water to be available during meals.  For more on wellness policies, click here.

What follows is a summary of the current policies related to water access and availability in schools.

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