Tuesday, November 22, 2022

Misstatements at Nov 14 Forum should be addressed


Lead-Free Delaware calls on the Department of Education and Department of Health and Social Services to clarify misstatements made at the November 14, 2022 Forum on lead in the drinking water of public schools, and on the General Assembly to hold state agencies accountable for providing misleading information about their handling of this issue.

Accuracy of information and total transparency are the foundations of trust in government.  


This is one of the reasons why we organized a petition with over 500 signatures asking for a public hearing on the issue of lead in the drinking water of public schools.  


We have been tracking this school water testing initiative since it was announced by the EPA in October 2019, including several updates at the subcommittees of the Childhood Lead Poisoning Advisory Committee through 2020 and 2021, and have been able to compare that information to what has become available in recent weeks.  As a result, we believe that there were much more than “missteps early in the testing program”, as stated in the DOE/DHSS joint statement to parents and families on November 14.  


We noted inconsistencies between information that we had received as a result of the Freedom of Information Act and statements made at the forum by staff.  One such contradiction involves the issue of the “communications plan”, which was required by EPA for the grant, and was supposed to involve details about how and when the water sampling results and pertinent health information were to be shared with parents, teachers, and school districts.  


From 36:13 to 36:35 of the recording on facebook of the forum, in response to a direct question by Sen. Sarah McBride “Was there an actual communications plan?”, the DOE representative (who also worked on this project at DHSS prior to changing employment) Jamie Mack responded:  “There was a communications plan, but obviously it was inadequate, and that is one of our focuses now, improving that.  We are working with the EPA and we will submit a new communications plan for their review as we move forward.”


DOE’s FOIA officer has repeatedly confirmed, both before and after the forum, that there was no communications plan developed for this project.  


Messaging by DHSS Secretary Magarik at the forum regarding catastrophic thresholds not met to warrant universal testing for lead poisoning fail to provide appropriate guidance to students, teachers, and other school employees who may have regulatory consumed lead in the water over a period of years.  Such dismissal of the direct impacts of lead poisoning under the guise if population-level statistical analysis is inappropriate and a misapplication of epidemiology.  All individuals who consumed water from problem taps should have been already referred for blood lead testing.  Even if universal screening of all students and school employees is unwarranted, this should not be at the expense of targeted screening of those who were exposed.


We also point out that the DHSS Secretary lacks health credentials of any kind, is not a physician or a licensed healthcare provider, has no background in medicine or direct healthcare, and therefore is not qualified to be the agency’s spokesperson on this issue.  We therefore ask DHSS to appoint a spokesperson for this project with particular health training in lead poisoning who is able to speak from a position of knowledge and experience. 


We ask the Department of Education and Department of Health and Social Services to review all statements made at the forum and to clarify which of those statements are incorrect or misleading, and to provide accurate information to the public about the dangers of lead exposure in the drinking water of public schools, as well as the importance of timely screening/testing for lead poisoning for those who were exposed to contaminated water.


Because of the mishandling of this project and the continued misinformation provided by DOE and DHSS, valuable time has been lost in the narrow testing window for individuals who drank poisoned water.  


Because the half-life of lead in blood is 30 to 60 days, we point out that the delays, false assurances of safety, and misrepresentations by DOE and DHSS about the lead in school water have made it likely impossible for anyone to document their lead poisoning.  This is a critical concern for children who would become eligible for services, or those of childbearing age who are or may become pregnant, or who wish to breastfeed. 


We also continue to ask the General Assembly for a public hearing on this issue, on the record, subject to the Freedom of Information Act, and in abidance with the state laws for public meetings, to focus on restoring public confidence of government through accountability for misrepresentations and inaction, and to provide adequate funding for childhood lead poisoning prevention in our state.


Establishing solutions to lead in the drinking water in public schools is urgent, and must be carried out with the full commitment of all in government to act in the best interest of the health of children, teachers, and others who work in or use school buildings.  That requires honesty and transparency at every step, and must be backed by adequate funding. 


There is no safe level of lead in drinking water, and there is no safe level of lead in children’s blood.  Lead poisoning in Delaware continues to be an important health issue with hundreds of cases identified each year by the Childhood Lead Poisoning Prevention Program, and likely many more children who are never identified because our testing and screening rates let too many children fall through the cracks. Children who are identified with elevated blood lead levels may be eligible for free services, increasing the urgency of identifying those who are impacted.

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