Maryland Department of the Environment

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Testing for Lead in Drinking Water - Public and Nonpublic Schools

Maryland law (Chapter 386, 2017) requires all occupied public and nonpublic schools, serving children in prekindergarten to grade 12, that receive drinking water from a public utility to test for the presence of lead in all drinking water outlets. The testing is coordinated by the Maryland Department of the Environment (MDE) in ​consultation with the Maryland State Department of Education (MSDE).​​

Testing is to be conducted once every three years and must be performed during the regular school year while school is in session​. The testing is phased in based on the age of the students and the age of the school buildings with the first round of testing to be completed by July 1, 2018, for schools serving students in prekindergarten through grade 5​ and/or with school buildings built before 1988.​​

The regulations allow schools to apply for a deferral of the initial testing by either 12 months or 3 years, and schools may also waive out of testing if specific criteria are met, as set forth in law.​
​
When outlets used for drinking, food preparation, or cooking are found to have elevated levels of lead in the water, schools are required to prevent access to these outlets within 24 hours.​

For a detailed description of the requirements, please see MDE’s Testing Requirements and Related Documents​.

New!​​ MDE's "How-to" videos for Lead Testing in Drinking Water in Schools are now available!  Click HERE to see available videos.​​​
​

What is the effective date of this law?

 

​House Bill 270 was signed into law on May 4, 2017.

The regulations (COMAR 26.16.07 Lead in Drinking Water - Public and Nonpublic Schools) became effective on April 9, 2018.​​

Which schools are covered by this law?

 

​All occupied public and nonpublic schools serving children in pre-kindergarten to grade 12 that receive drinking water from a public utility.​​

Which schools are not covered by this law?

 

​Schools that have their own individual well(s) and are already required to test for lead under the federal Lead and Copper Rule are not covered.​​

Does the law apply to childcare facilities?

 

​The law does not apply to facilities that are solely licensed by the Maryland Office of Child Care, such as childcare​ centers.​​

What are schools required to do?

 

Schools that are subject to this law must test for the presence of lead in all drinking water outlets, and complete all required follow-up actions if there are outlets with lead levels exceeding the State's Action Level.  

What is the Action Level for lead in drinking water under this law?

 
The State's current Action Level (AL) for lead in drinking water in schools receiving water from public utilities is 5 parts per billion (ppb) in 250 milliliter (mL) first-draw sample. This AL became effective on June 1, 2021. The previous AL for lead was 20 ppb based on the EPA guidance in effect when the regulations became effective on April 9, 2018.​

When must schools conduct testing?

 
​Testing is to be conducted once every three years and must be performed during the regular school year while school is in session.

​

When must initial testing occur?

 

​Testing will be phased in based on age of construction of the school building and age of the students:​

 Youngest Students in Grades
Pre-Kindergaten-5​
Youngest Students
in Grades 6-8		Youngest Students
in ​​​Grades 9-12
Building constructed before 1988July 1, 2018
July 1, 2018July 1, 2018
Building constructed in 1988 or laterJuly 1, 2018July 1, 2019July 1, 2020
Building constructed after
the effective date of the regulations		Within 12 months of date of occupancy ​ ​


Can schools defer the initial testing?

 
Yes. The regulation provides for deferral of initial testing under specific conditions. MDE, in consultation with MSDE, may grant a deferral not to exceed 12 months from the initial due date if a school has a plan in place for testing all drinking water outlets, as well as a plan detailing actionable steps to be taken if elevated levels of lead are found in a sample from any drinking water outlet. Also, in consultation with MSDE, MDE may grant a school a deferral not to exceed three years from the initial due date if the school has completed testing for all drinking water outlets in the school in accordance with the regulations, and no test results exceed the previous Action Level (AL) of 20 ppb.​​​

Can schools waive out of testing?

 
​Yes. A waiver indefinitely exempts a school from testing for lead in all drinking water outlets until the school no longer meets the conditions of the waiver. There are three types of waivers for which a school can apply:

  • Type 1 - Prior Testing

    • No earlier than five years before the effective date of the regulations (April 9, 2018), the school has tested all drinking water outlets for the presence of lead in a manner that complies with the regulation;​

    • A state-certified laboratory analyzed each of the test results; and

    • All test results are at a level of 5 ppb or lower.

  • Type 2 - Bottled Water

    • Only bottled water is used for drinking water and in food preparation, including ice making, in the building; and

    • Occupants do not have access to water from any drinking water outlet.

  • Type 3 - Lead-Free Building

    • The service line and plumbing connecting the school to the water main are lead-free as defined by Section 1417 of the Safe Drinking Water Act; and

    • All interior plumbing in the school is lead-free as defined by Section 1417 of the Safe Drinking Water Act; and

    • All drinking water outlets are lead-free as defined by the Annotated Code of Maryland, Business Occupations and Provisions Article, §§12-101, 12-605.1, and 12-605.2​.

​

Who can collect samples?

 
​Lead samples may be collected by school personnel, laboratories, or other parties. The person who collects the samples does not need to be a state-certified water sampler; however, the samples must be analyzed by a laboratory certified by the State of Maryland to perform Metals 1 (lead and copper) analysis.​​​

Who can analyze samples?

 
The samples must be analyzed by a laboratory certified by the State of Maryland to perform Metals 1 (lead and copper) analysis.​​​
​

[back to top ↑]​

Announcements

​​Click here to see all Announcements...

Latest Announcements


Date: March 5, 2025
​​This email outreach was sent to notify all schools that MDE has developed several videos to help guide school personnel through the process of conducting testing for lead in drinking water as required at applicable schools under Maryland law.  The videos cover various aspects of the testing process, including planning and preparation, sample collection, documentation and reporting, parent/guardian notification, and actions required if elevated levels of lead are discovered in drinking water outlets​​.​ -- Last day to register is Monday, March 17​, 2025, at 5:00 PM EDT.

Date: August 28, 2024
​This email outreach was sent to notify all schools that MDE has developed several videos to help guide school personnel through the process of conducting testing for lead in drinking water as required at applicable schools under Maryland law.  The videos cover various aspects of the testing process, including planning and preparation, sample collection, documentation and reporting, parent/guardian notification, and actions required if elevated levels of lead are discovered in drinking water outlets​​.​

Date: August 23, 2024
​This email outreach was sent to remind the school of the September 15, 2024, deadline to report to MDE the results of standard/routine samples that were collected during the 2023-2024 school year​.​​​

Status of Implementation​

Summary of Results

As of March 2, 2026, MDE has verified a total of 100,429 first-draw lead sample results from 24 public school systems, 28 charter schools, and 289 nonpublic schools.

Of the 100,429 first-draw lead samples, 4,138 (4.12%) samples exceeded 20 ppb (i.e., previous Action Level effective through May 31, 2021): 2,180 (2.17%) were from drinking water outlets (i.e., consumption outlets) and 1,958 (1.95%) were from non-consumption outlets.

Of the 100,429 first-draw lead samples, 14,248 (14.19%) samples exceeded 5 ppb (i.e., current Action Level effective June 1, 2021): 9,212 (9.17%) were from drinking water outlets (i.e., consumption outlets) and 5,036 (5.01%) were from non-consumption outlets.​


The following tables present the above information in greater detail and will be updated as more data become available.​

Summar​y of First-Draw Sample Results for Public Schools (as of March 2, 2026) ​​​​​​​​

Summary of First-Draw Sample Results for Charter Schools (as of March 2, 2026)

​​

Click here to​ see archived Summary of Results​...​​

 [back to top ↑]

Summary of Deferrals and Waivers​

Deferrals of Initial Testing

Through the 2017-2018, 2018-2019, and 2019-2020 school calendar years, schools had the option of applying for a deferral in initial sampling for either twelve months or three years.  MDE received 706 applications for a twelve-month deferral from initial testing, and, in consultation with MSDE, granted approval to 702 applications.  The remaining four applications did not meet the requirements for approval. MDE received 122 applications for three-year deferrals in initial testing; no three-year deferrals were granted.

It is important to note that schools can no longer apply to defer the initial testing since all of the initial testing deadlines have passed.

Waivers​​

Schools may apply for one of three types of waivers from future testing: Type 1 (prior testing), Type 2 (bottled water) or Type 3 (lead-free building).  Waivers are granted on a building-by-building basis; schools seeking waivers for multiple school buildings must apply for a waiver for each individual building.  As of July 3, 2025, 113 waiver applications have been approved. ​ The table below enumerates approval status by waiver type.​

Summary of Waiver Application Status​ (as of July 3, 2025)

​[back to top ↑]

Annual Report to the Governor and the Maryland General Assembly​​

Period ending July 1, 2024​

Period ending July 1, 2023​

Period ending July 1, 2022​​

Period ending July 1, 2021​

Period ending July 1, 2020

Period ending July 1, 2019​​

Period ending July 1, 2018

[back to top ↑]

School Resource​s - Testing Requirements

​Guidance Materials

"How-to" Videos

​F​or full playlist of available videos, click HERE​!​

All documents related to test results should be sent to MDE at:

​Or via mail at:

MDE Water Supply Program
1800 Washington Blvd, Suite 450
Baltimore, Maryland 21230
​
For reporting to local agencies and other State agencies, please refer to Reporting of Lead Sampling Results​.


Standard/Routine Sampling​
For each standard/routine sampling event, the following documents should be submitted to MDE:

Forms Related to Elevated Lead Sample Results
If your school has outlets with elevated lead results found during a standard/routine sampling event, the following forms should be submitted to MDE:

Follow-Up ​Sampling​​​

For each follow-up sampling event (including required flush samples and follow-up post-remediation samples), the following documents should be submitted to MDE:

School IDs​

  • Public School Construction (PSC) #s
    • To find the PSC # of your school, select “Facility Inventory Database” then select the “Facility Inventory” tab.  Click the filter icon next to “Facility Name” to access the search tool to find your school. Your school’s PSC # will be listed as the letter “L” followed by the 2-digit county code, then the letter “F” and the 3-digit facility number.  When completing all MDE documentation, please use the 2-digit county code followed by a period (“.”) and your school’s 3-digit facility number.
  • ​​Charter School IDs
    • ​​The 4-digit unique identification number portion of the Charter School ID​ can be found under "School #".  This 4-digit unique identification number should be preceded by the 2-digit county code and a dash ("-").  The list of county codes can be found here​.
  • Nonpublic School IDs
    • Under your nonpublic school type (i.e., Private Pay, Publicly Funded Nonpublic, Church Exempt, or Montessori), click on the county in which your school is located. For a comprehensive list of schools within a specific nonpublic school type, click on the first bullet to access all schools for that school type. Schools are listed alphabetically with the corresponding Nonpublic School ID number, which can be found under the "Advanced Link Number". The "Search for schools" search box can also be used to search for your school.

Applying for Waivers

​If submitting waiver application(s) via email, please name the forms using the following format: Name of form_name of school

All waiver applications must be sent to MDE via email at:

​Or via mail at:

MDE Water Supply Program
1800 Washington Blvd, Suite 450
Baltimore, Maryland 21230​

Other Information

See links below for other information related to lead in drinking water

 ​​​[back to top ↑]

Contact Information

​​Questions? Call 410-537-3729 or email [email protected]

Don't show​​

Maryland Department of the Environment
1800 Washington Blvd
Baltimore, MD 21230