Recommended school siting laws and policies for states

There is currently a significant policy gap with respect to siting schools on or near contaminated land or sources of pollution. That policy gap was documented in a review of all 50 states' laws and policies regarding the siting of schools relative to environmental hazards: "Not in My Schoolyard: Avoiding Environmental Hazards at School Through Improved School Site Selection Policies." The review revealed that twenty (20) states have no policies of any kind affecting the siting of schools in relation to environmental hazards, the investigation or assessment of potential school sites for environmental hazards, the clean up of contaminated sites, making information available to the public about potential school sites or providing some role for members of the public in the school siting process. Moreover, only fourteen (14) states have policies that prohibit outright the siting of schools on or near sources of pollution or other hazards that pose a risk to children's safety; only five (5) of these fourteen (14) prohibit or severely restrict siting schools on or near hazardous or toxic waste sites. To address this policy gap the review recommends policy reforms in the areas of public involvement in the school site selection process, categorical exclusion of certain sites for school purposes, environmental evaluation of candidate school sites and required site remediation measures when contaminated sites are used for school purposes. This review was presented to the School Siting Task Group of EPA's Children's Health Protection Advisory Committee, which made recommendations to EPA on the contents of voluntary school siting guidelines that the agency was charged to promulgate.