161.365.  Department to establish guidelines and specifications for program — districts to be provided with information — rulemaking authority. — 1.  The department of elementary and secondary education shall, in consultation with the department of health and senior services, and a panel of interested stakeholders, including cleaning product industry representatives, nongovernmental organizations, and others, establish and amend on an annual basis guidelines and specifications for green cleaning programs, including environmentally sensitive cleaning and maintenance products, paper product purchases, and equipment purchases for cleaning programs.  The department shall provide multiple avenues by which cleaning products may be determined to be environmentally sensitive under the guidelines.  Guidelines and specifications shall be established after a review and evaluation of existing research and shall be completed no later than February 24, 2009.  Guidelines and specifications may include implementation practices, including inspection.  The completed guidelines and specifications shall be posted on the department of elementary and secondary education's official website.

  2.  Upon completion of the guidelines and specifications required under subsection 1 of this section, the department of elementary and secondary education shall provide each district with a printed copy of the guidelines and specifications.  Each district shall then immediately disseminate the guidelines and specifications to every school in the district.  In the event the guidelines and specifications are updated by the department of elementary and secondary education, the department shall provide the updates to each district for immediate dissemination to each school.  Additionally, the department of elementary and secondary education shall post all updated materials on the department's official website.

  3.  The department of elementary and secondary education may promulgate rules and regulations necessary to carry out the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.