Illinois - Chemical Hazards: Prohibitions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law requires districts to utilize environmentally-safe chemicals and/or to reduce chemical exposure in schools.

Illinois Compiled Statutes 105-5-10-20.49. Compliance with Chemical Safety Acts.

Each school district must adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act [415 ILCS 65/1 et seq.] and the Structural Pest Control Act [225 ILCS 235/1 et seq.]. The school district must designate a staff person who is responsible for compliance with the requirements of these Acts.


Illinois Compiled Statutes 105-135-5. (from Ch. 122, par. 1605)

Warning labels for art or craft materials containing toxic substances shall meet all of the following standards…


Illinois Compiled Statutes 105-140-5. Legislative findings.

Both children and adults are vulnerable to and may be severely affected by exposure to chemicals, hazardous waste, and other environmental hazards. The Federal Environmental Protection Agency estimates that human exposure to indoor air pollutants can be 2 to 5 times and up to 100 times higher than outdoor levels. Children, workers, teachers, janitors, and other staff members spend a significant amount of time inside school and other institutional buildings and are continuously exposed to chemicals from cleaners, waxes, deodorizers, and other maintenance products.


Illinois Compiled Statutes 105-140-10. Use of green cleaning supplies.

By no later than 90 days after implementation of the guidelines and specifications established under Section 15 of this Act [105 ILCS 140/15] or thereafter when it is economically feasible, all elementary and secondary public schools and all elementary and secondary non-public schools with 50 or more students shall establish a green cleaning policy and exclusively purchase and use environmentally-sensitive cleaning products pursuant to the guidelines and specifications established under Section 15 of this Act. However, a school may deplete its existing cleaning and maintenance supply stocks and implement the new requirements in the procurement cycle for the following school year.

For the purposes of this Section, adopting a green cleaning policy is not economically feasible if such adoption would result in an increase in the cleaning costs of the school. If adopting a green cleaning policy is not economically feasible, the school must provide annual written notification to the Illinois Green Government Coordinating Council (IGGCC), on a form provided by the IGGCC, that the development and implementation of a green cleaning policy is not economically feasible until such time that it is economically feasible.


Illinois Compiled Statutes 105-135-6. (from Ch. 122, par. 1606)

(a) Except as provided in Section 7 below [105 ILCS 135/7], for the 1986-87 academic year and for each academic year thereafter, no art or craft material which is a toxic substance as defined in this Act, shall be ordered or purchased by any school or school district in Illinois for use in kindergarten or grades one through 6, inclusive.
(b) Commencing June 1, 1986, no toxic substance may be purchased or ordered by a school or school district for use by students in grades 7 through 12, unless it meets the labeling standards specified in this Act.


Illinois Compiled Statutes 105-135-2. (from Ch. 122, par. 1602)

The General Assembly finds that:

  • (a) Art supplies which contain toxic substances or which are potential human carcinogens pose a significant danger to the health and safety of school children.
  • (b) School children are not sufficiently protected by present health laws in so far as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of those materials.
  • (c) Elementary school children should be protected by prohibiting the sale of art supplies containing toxic substances to schools and school districts for use in kindergarten and grades one through 6, and art supplies containing toxic substances should be purchased by schools and school districts for students in grades 7 through 12 only if the materials are properly labeled, as described in this Act.

Illinois Compiled Statutes 105-5-10-20.17a. Hazardous materials training.

To enhance the safety of pupils and staff by providing in-service training programs on the safe handling and use of hazardous or toxic materials for personnel in the district who work with such materials on a regular basis. Such programs shall be approved by the State Board of Education in consultation with the Illinois Department of Public Health.


Illinois Compiled Statutes 105-135-10. (from Ch. 122, par. 1610)

By July 1, 1986, the Department shall complete a study of art and craft materials purchased for use by children in Illinois school districts to determine the extent of toxic substances in such materials and the scope of their use in school districts throughout the State.


Illinois Compiled Statutes 105-5-10-20.57. Carbon monoxide alarm required.

(a) In this Section:

  • “Approved carbon monoxide alarm” and “alarm” have the meaning ascribed to those terms in the Carbon Monoxide Alarm Detector Act [430 ILCS 135/1 et seq.].
  • “Carbon monoxide detector” and “detector” mean a device having a sensor that responds to carbon monoxide gas and that is connected to an alarm control unit and approved in accordance with rules adopted by the State Fire Marshal.

(b) A school board shall require that each school under its authority be equipped with approved carbon monoxide alarms or carbon monoxide detectors. The alarms must be powered as follows:

  • (1) For a school designed before January 1, 2016 (the effective date of Public Act 99-470), alarms powered by batteries are permitted. In accordance with Section 17-2.11 of this Code [105 ILCS 5/17-2.11], alarms permanently powered by the building's electrical system and monitored by any required fire alarm system are also permitted. Fire prevention and safety tax levy proceeds or bond proceeds may be used for alarms.
  • (2) For a school designed on or after January 1, 2016 (the effective date of Public Act 99-470), alarms must be permanently powered by the building's electrical system or be an approved carbon monoxide detection system. An installation required in this subdivision (2) must be monitored by any required fire alarm system.
  • Alarms or detectors must be located within 20 feet of a carbon monoxide emitting device. Alarms or detectors must be in operating condition and be inspected annually. A school is exempt from the requirements of this Section if it does not have or is not close to any sources of carbon monoxide. A school must require plans, protocols, and procedures in response to the activation of a carbon monoxide alarm or carbon monoxide detection system.

Illinois Compiled Statutes 105-135-3. (from Ch. 122, par. 1603)

For the purpose of this Act, unless the context requires otherwise:

  • (a) “Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art in any medium. Such media may include, but need not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather and textile goods.
  • (b) “Human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer or by the National Toxicology Program of the U.S. Department of Health and Human Services.
  • (c) “Potential human carcinogen” means one of the following:
    • (1) any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer or the National Toxicology Program of the U.S. Department of Health and Human Services; or
    • (2) any chemical shown to be changed by the human body into a human carcinogen.
  • (d) “Toxic substance” means any of the following:
    • (1) human carcinogens;
    • (2) potential human carcinogens;
    • (3) any substance having a potential for causing a chronic adverse health effect as determined pursuant to ASTM Standard D 4236 of the American Society for Testing and Materials or latest revision.
      For the purposes of this Act, an art or craft material shall be presumed to contain an ingredient which is a toxic substance if the ingredient, whether an intentional ingredient or an impurity, constitutes 1% or more by weight of the product.
  • (e) “Department” means the Illinois Department of Public Health.
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