Under current law, the department of agriculture, trade and consumer
protection (DATCP) regulates the sale and use of pesticides.
This bill places requirements on school boards concerning the use of pesticides
in schools and on school grounds. The bill requires a school board to do all of the
following:
1. Implement a pest management plan that satisfies requirements set forth in
the bill. The plan must be designed to prevent unacceptable levels of pest activity
while minimizing hazards to persons, property and the environment.
2. Authorize pesticide application to be conducted only by persons who have
received training concerning using the least toxic pesticide available that is effective
when it is necessary to use a pesticide in a school and who are certified in school pest
management by DATCP.
3. When the use of a pesticide is determined to be necessary, use the least toxic
pesticide available that is effective.
4. Provide advance written notice of a pesticide application, except in case of
an emergency.
5. Post notice of each pesticide application.
6. Maintain records of pesticide applications and make those records available
upon request.

The bill prohibits a school district from routinely using pesticides in schools or
on school grounds, from using pesticide fumigation and from using a pesticide unless
nonchemical methods of pest control have failed.
The bill requires DATCP to assist school districts in complying with these
requirements and prohibitions. The bill requires the University of Wisconsin (UW)
System, through the UW-Extension, to provide programs to educate and train
employes of school districts and others about developing and implementing school
pest management plans. The bill also requires DATCP and the department of health
and family services to develop a list identifying the least toxic pesticides available
that are effective against pests that may be found in schools or on school grounds.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB944, s. 1 1Section 1. 36.25 (43) of the statutes is created to read:
AB944,2,92 36.25 (43) Pest management for schools. The board shall provide, through
3the extension, programs to train employes of school districts and other persons about
4using the least toxic pesticide available that is effective when the use of a pesticide
5is determined to be necessary in a school or on school grounds based on the list under
6s. 94.715 (7) (b) and about developing and implementing pest management plans to
7prevent unacceptable levels of pest activity and damage in schools and on school
8grounds while minimizing hazards to persons, property and the environment,
9consistent with the requirements of s. 94.715.
AB944, s. 2 10Section 2. 94.715 of the statutes is created to read:
AB944,2,11 1194.715 Pest management for schools. (1) Definitions. In this section:
AB944,2,1212 (a) "Active ingredient" has the meaning given in s. 94.67 (1).
AB944,2,1313 (b) "Federal act" has the meaning given in s. 94.67 (13).
AB944,2,1414 (c) "Inert ingredient" has the meaning given in s. 94.67 (16).
AB944,2,1515 (d) "Pest" has the meaning given in s. 94.67 (24).
AB944,3,2
1(e) "Pesticide" has the meaning given in s. 94.67 (25), except that "pesticide"
2does not include a germicide, sanitizer or disinfectant.
AB944,3,4 3(2) Requirements for school boards. A school board shall do all of the
4following:
AB944,3,55 (a) Propose a pest management plan that complies with sub. (4).
AB944,3,96 (b) After public notice and a hearing on the proposed plan under par. (a) and
7no later than the first day of the 7th month beginning after the effective date of this
8paragraph .... [revisor inserts date], adopt a pest management plan that complies
9with sub. (4) and submit a copy of the plan to the department.
AB944,3,1210 (c) No later than the first day of the 13th month beginning after the effective
11date of this paragraph .... [revisor inserts date], implement the pest management
12plan adopted under par. (b).
AB944,3,1513 (d) Provide public notice and a hearing before modifying the pest management
14plan adopted under par. (b) and notify the department of any modifications to the
15plan.
AB944,3,1816 (dm) Authorize pesticide application in a school or on school grounds to be
17conducted only by persons who have received training concerning pest management
18for schools and who are certified under sub. (5).
AB944,3,2019 (e) When the use of a pesticide is determined to be necessary in a school or on
20school grounds, use the least toxic pesticide available that is effective.
AB944,4,221 (f) Except as provided in sub. (6), at least 72 hours in advance of each pesticide
22application in a school or on school grounds, provide written notification of the name
23of the pesticide to be applied, the planned time and location of the application, the
24potential health effects of exposure to the pesticide, as indicated on its label, and the

1name and telephone number of a person at the school who can be called for more
2information or to report health effects from exposure, to all of the following:
AB944,4,43 1. Each employe of the school district, or of a contractor with the school district,
4who may be present in the area of application within 72 hours after the application.
AB944,4,65 2. Each student who may be present in the area of application within 72 hours
6after the application.
AB944,4,77 3. The parents or guardians of the students under subd. 2.
AB944,4,98 (g) Post notice of each pesticide application in a school or on school grounds at
9the time of the application and for at least 72 hours following the application.
AB944,4,1110 (h) Maintain a record of all of the following for each application of pesticide in
11a school or on school grounds:
AB944,4,1212 1. The name and certification number of the person applying the pesticide.
AB944,4,1613 2. The type of pesticide applied and its brand name, the name of the pesticide
14as registered under the federal act, the pesticide registration number assigned to the
15pesticide under the federal act, the manufacturer of the pesticide and the pesticide's
16active ingredients and inert ingredients.
AB944,4,1717 3. The date and time of the application and the amount of pesticide applied.
AB944,4,1918 4. How the pesticide was applied, including any additives used and the type of
19application device used.
AB944,4,2120 5. The street address of the place at which the pesticide was applied and a
21description of the area to which the pesticide was applied.
AB944,4,2322 6. The purpose of the application, including the target pest and whether the
23application was preventive or reactive.
AB944,4,2524 7. For an outdoor application, a description of the weather conditions at the
25time of the application.
AB944,5,1
18. The symptoms of acute poisoning from the pesticide, as indicated on its label.
AB944,5,42 (i) Make the information under par. (h) available to any person upon request
3and provide the information about each pesticide application to the department
4quarterly.
AB944,5,65 (j) Review liability and property insurance maintained by the school board to
6determine whether coverage is adequate for damage or loss caused by pesticides.
AB944,5,8 7(3) Prohibitions. (a) A school district may not routinely use pesticides on a
8regularly scheduled basis in a school or on school grounds.
AB944,5,109 (b) A school district may not use pesticide fumigation in a school or on school
10grounds.
AB944,5,1311 (c) A school district may not use a pesticide in a school or on school grounds
12unless nonchemical methods of pest control have failed to prevent unacceptable
13levels of pest activity and damage.
AB944,5,18 14(4) Pest management plan. A school board shall design its pest management
15plan required under sub. (2) (b) to prevent unacceptable levels of pest activity and
16damage while minimizing hazards to persons, property and the environment. In the
17plan required under sub. (2) (b), a school board shall specify the pest management
18practices that will be used by the school district and shall include all of the following:
AB944,5,2119 (a) A description of the methods that will be used to identify pest problems,
20including monitoring to determine whether pests are present in sufficient numbers
21to require treatment with pesticides.
AB944,5,2322 (b) A description of the nonchemical methods that the school district will use
23to seek to prevent unacceptable levels of pest activity and damage.
AB944,6,3
1(c) A description of the pesticides and methods of application that the school
2district will use if the methods under par. (b) fail to prevent unacceptable levels of
3pest activity and damage.
AB944,6,54 (d) A description of the other means that the school district will use to ensure
5compliance with subs. (2) (c) to (j) and (3).
AB944,6,9 6(5) Certification. The department shall provide school pest management
7certification to persons who demonstrate knowledge concerning the use of the least
8toxic pesticide available that is effective when the use of a pesticide is determined
9to be necessary in a school or on school grounds, based on the list under sub. (7) (b).
AB944,6,19 10(6) Exemption from advance notice requirement. A school board is not
11required to provide advance notice of a pesticide application if the school district
12administrator, as defined in s. 115.001 (8), or the school principal declares that a pest
13emergency exists. If a pesticide is applied in a school or on school grounds without
14advance notice, the school board shall provide written notification of the name of the
15pesticide that was applied, the time and location of the application, the potential
16health effects of exposure to the pesticide, as indicated on its label, and the name and
17telephone number of a person at the school who can be called for more information
18or to report health effects from exposure, to all of the persons identified in sub. (2)
19(f) 1. to 3., as soon as possible after the application.
AB944,7,5 20(7) Assistance and cooperation. (a) The department shall provide assistance
21to school districts in complying with subs. (2) to (4). The department shall consult
22with the department of health and family services and the department of public
23instruction concerning school pest management issues. The department and the
24board of regents of the University of Wisconsin System shall enter into a
25memorandum of understanding concerning school pest management and the

1provision of training by the University of Wisconsin-Extension to ensure cooperation
2between the department and the University of Wisconsin-Extension and to avoid
3duplication of activities. The University of Wisconsin-Extension and the cooperative
4educational service agencies shall cooperate in providing the training under s. 36.25
5(43).
AB944,7,96 (b) The department and the department of health and family services shall
7jointly develop a list identifying the least toxic pesticides available that are effective
8for use against pests that may be found in schools or on school grounds when use of
9a pesticide is determined to be necessary, as provided under sub. (2) (e).
AB944,7,12 10(8) Availability of plans. The department shall retain pest management plans
11submitted under sub. (2) (b) and make the plans available to any person upon
12request.
AB944,7,16 13(9) Report. On or before January 1 of each even-numbered year, the
14department, in cooperation with the University of Wisconsin-Extension and the
15department of health and family services, shall submit a report evaluating the
16program under this section to the legislature under s. 13.172 (2).
AB944,7,1717 (End)
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