A state audit found that most of 21 New York school districts reviewed failed to fully comply with required testing, remediation and reporting rules for lead in school drinking water during the state’s second testing cycle, leaving hundreds of water outlets either untested, unsecured or lacking documentation that elevated lead levels were addressed.
The audit, released by the Office of the New York State Comptroller, examined compliance with Department of Health requirements for Cycle Two of the lead testing program, which ran from January 2020 through June 2021 after a pandemic-related extension. The 21 districts reviewed enrolled a combined 26,099 students during the 2023-24 school year.
Auditors identified 6,431 water outlets in select areas across district buildings that could have been accessed by students, staff or the public. Of those, 1,867 outlets — 29 percent — were neither sampled for lead nor properly exempted and secured against use, according to the report. An additional 418 outlets could not be matched to test results because districts lacked records or could not show whether remediation had been completed.
The report found that none of the 21 districts sampled, tested or properly exempted all required potable water outlets. Only one district developed and maintained a complete sampling plan, and only one had a complete remedial action plan detailing exempt outlets, controls and corrective steps for outlets exceeding the lead action level. Just one district reported testing results to all required parties within mandated timeframes.
As a result, auditors said district officials could not support that appropriate remedial actions were taken for 260 of 538 outlets — 48 percent — that tested above the lead action level of 15 parts per billion in Cycle Two. In those cases, officials were unable to show that outlets were secured against use or that lead levels were reduced below actionable thresholds.
Bathrooms accounted for the largest share of outlets that were neither sampled nor secured, representing 39 percent of the 1,867 outlets identified. Other locations included outside and sports areas, hallways and common spaces, classrooms, kitchens and science or art rooms.
The audit attributed many of the deficiencies to the absence of written policies, incomplete or missing sampling and remedial action plans, and staff turnover. Auditors also noted problems with how districts labeled or tracked outlets, making it difficult to match samples to specific fixtures or verify remediation.
Among outlets that exceeded the lead action level, the report found that districts often relied on “Do Not Drink” signs as a long-term control without additional measures. The Department of Health guidance requires signage to be combined with other controls, such as restricting physical access, ongoing education or enforced rules, for it to be considered effective. Auditors also observed signs that were poorly placed or obscured.
The report detailed reporting failures as well. Schools are required to notify local health departments within one business day when results exceed the action level, inform staff and parents or guardians in writing within 10 business days, report all results to the Department of Health through the Health Electronic Response Data System within 10 business days, and post results and remedial actions on district websites within six weeks. Of 81 sets of results reviewed, 24 were not reported through the state system and 23 were not posted online. Of 63 result sets with elevated lead levels, 18 were not reported to local health departments and 43 were not reported in writing to staff or families.
District officials told auditors they were unaware of some reporting requirements or relied on third-party vendors without adequate oversight. In several cases, officials said reports had been made but could not provide documentation.
The audit also noted that beginning with Cycle Three, which runs from January 2023 through December 2025, the lead action level was lowered to five parts per billion, meaning outlets that previously tested below 15 ppb may now require remediation.
In their responses, district officials said they are working to improve testing and reporting before the close of Cycle Three. The report concluded that districts should develop or update complete sampling and remedial action plans, ensure all applicable outlets are tested or properly secured, and report results within required timeframes to promote accountability and transparency.
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