Statutory and Regulatory Requirements

List of Statutory and Regulatory Requirements 20111002.doc

Green Ribbon Schools

Statutory and Regulatory Requirements

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Partial List of Applicable Federal, State and Local Civil Rights, Health, Environment and Safety Statutory and Regulatory Requirements

In addition to quantified achievement in the three Green Ribbon Schools Pillars, authorities making nominations to ED should note that schools must also comply with all applicable federal civil rights and federal, state and local health, environment and safety statutory and regulatory requirements in order to win an award.


Note that each nominating authority is responsible for determining pertinent requirements with the assistance of state and local health, environment and safety authorities. Below is a partial list of some potentially applicable key statutory and regulatory requirements; omission of a requirement from this list does not relieve the school from compliance with it. Final review of nominees to ED may include an on-site verification of health, safety and environmental statutory and regulatory compliance.

Subject

Threshold Issue

Threshold Criterion

References


Civil Rights

School is cooperating with ED Office of Civil Rights (ED/OCR).

The nominated school or district is not refusing ED/OCR access to information necessary to investigate a civil rights complaint or to conduct a district‑wide compliance review

Determination by ED/OCR.



No outstanding violation letter of findings from ED/OCR.

ED/OCR has not issued a violation letter of findings to the school district concluding that the nominated school or the district as a whole has violated one or more of the civil rights statutes. A violation letter of findings will not be considered outstanding if ED/OCR has accepted a corrective action plan from the district to remedy the violation

Determination by ED/OCR.



No pending suit by the U.S. Department of Justice (DOJ) on civil rights statutes or the Constitution’s equal protection clause.

DOJ does not have a pending suit alleging that the nominated school or the school district as a whole has violated one or more of the civil rights statutes or the Constitution’s equal protection clause.

Determination by DOJ, as confirmed by ED/OCR.



No unresolved ED findings of violations of the Individuals with Disabilities Education Act (IDEA).

There are no findings of violations of IDEA in an ED monitoring report that apply to the school or school district in question; or if there are such findings, the state or district has corrected, or agreed to correct, the findings.


Determination by ED Office of Special Education Programs.


Federal Environmental Regulations

School is in compliance with applicable federal environmental regulations, including, but not limited to: Clean Air Act; Clean Water Act; Safe Drinking Water Act; Solid Waste Disposal/Resource Conservation and Recovery Act (RCRA); Oil Pollution Act; Superfund/Comprehensive Environmental Response Compensation and Liability Act (CERCLA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and Toxic Substances Control Act (TSCA).

School has no outstanding citations for violation of Federal environmental regulations and standards, nor has it resolved another non-compliance case within one year of concluding successful performance of all requirements of a settlement.

Determination by EPA. This is only a partial list of applicable regulations. For more information please see EPA’s website Key Potential Violations of Federal EPA Regulations At K-12 Schools.


OSHA or

State Occupational Standards

School is in compliance with applicable occupational safety and health standards.

School has no outstanding citations for violation of Federal, state or local occupational safety and health regulations and standards, nor has resolved such a case within the past year.

OSHA or State verification.

NIOSH’s Safety Checklist Program for Schools.


Federal Food and Drug Standards

School is in compliance with applicable federal food and drug standards, including the Federal Food, Drug, and Cosmetic Act.

School has no outstanding citations for violation of federal food and drug standards, nor has resolved such a case within the past year.

Determination by HHS.


State and Local Environmental, Health and Building Codes

School is in compliance with all applicable state and local codes.

School has no outstanding citations for state or local environmental, health, existing building, fire, plumbing, mechanical, or property maintenance codes, laws or regulations, nor has resolved such a case within the past year.

State or local verification.

International Code Council: click on “Store,” then click on “State Codes & Local Amendments” and on “International Codes”.




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