Know Your Rights. Take Action. Protect Your Child.

Understanding the Law

• Section 504 of the Rehabilitation Act (1973)
  Requires schools receiving federal financial assistance to provide students with disabilities equal access to education.
  👉 U.S. Department of Education – Section 504 Overview

• Americans with Disabilities Act (ADA, 1990)
  Title III of the ADA prohibits disability discrimination by private schools and other public accommodations.
  👉 ADA.gov – Title III Overview

• Individuals with Disabilities Education Act (IDEA, 2004)
  Governs special education in public schools, but note: most private schools are not covered by IDEA unless publicly funded.
  👉 U.S. Department of Education – IDEA

• Asbestos – AHERA (Asbestos Hazard Emergency Response Act, 1986)

  • Applies to all K–12 public and private schools.

  • Schools must:

    • Inspect for asbestos materials and reinspect every 3 years.

    • Perform 6-month surveillance checks.

    • Develop a written management plan available for review.

    • Notify parents, staff, and teachers annually about asbestos conditions and plans.

  • Citation: 40 C.F.R. Part 763, Subpart E.

• Radon – EPA Guidance

  • No binding federal mandate, but the EPA action level is 4.0 pCi/L.

  • Long-term exposure above this level is unsafe for children and staff.

  • Federal funds can trigger obligations: failure to test/remediate may expose schools to ADA/504 liability if students with health vulnerabilities are harmed.

• Mold – EPA and OSHA Standards

  • OSHA General Duty Clause (safe workplace for staff).

  • EPA Indoor Air Quality guidance for schools.

  • If mold triggers asthma, allergies, or other health issues, failure to act may violate ADA/Section 504 because affected students are denied equal access.

Civil Rights & Disability Protections

• ADA (Titles II & III): Schools must provide equal access; unsafe facilities can amount to denial of access.

• Section 504 of the Rehabilitation Act: Requires federally funded schools to accommodate health needs; ignoring hazards may be a violation.

• Title IX: Applies to schools accepting federal funds; unsafe environments disproportionately harming a protected group can trigger enforcement.

Whistleblower & Anti-Retaliation Laws

Parents, staff, and contractors who raise safety concerns are protected by law:

• AHERA: prohibits schools from retaliating against anyone assisting with asbestos compliance or reporting violations.

• OSHA Whistleblower Protections: Protect employees (including school staff) who report unsafe environmental or workplace conditions.

• Section 504 / ADA: Prohibit retaliation against parents or students requesting accommodations or complaining of unsafe conditions.

• First Amendment: Public school staff and parents have speech protections when raising health and safety concerns in matters of public interest.

What This Means for Families & Staff

• Schools cannot hide safety hazards like asbestos, radon, or mold.

• They are legally required to inspect, disclose, and remediate.

• Retaliation against parents, students, or staff who raise concerns is itself illegal — and often becomes a bigger violation than the hazard itself.

Filing a Complaint

• Office for Civil Rights (OCR), U.S. Department of Education
  File if your child was denied accommodations, discriminated against, or retaliated against by a federally funded school.
  👉 OCR Complaint Form

• U.S. Department of Justice (DOJ), Civil Rights Division
  File if a private school has discriminated in admissions, services, or programs under ADA Title III.
  👉 DOJ Civil Rights ADA Information Line

Toolkits & Guides

• Parent Toolkit – Disability Rights (downloadable PDF ):
  Step-by-step guidance on:

  1. Requesting accommodations in writing

  2. Escalating when denied

  3. Filing OCR/DOJ complaints

  4. Preserving documentation for legal action

• Sample Accommodation Request Letter (downloadable PDF )
  Template parents can adapt to formally request Section 504/ADA supports.

• Complaint Intake Form (Justice for Hope) (downloadable PDF )
  Families can submit their story confidentially through our site for peer advocacy.

External Support Networks

• Parent Center Hub – National directory of Parent Training and Information Centers.

• Wrightslaw – Legal information on special education law.

• Council of Parent Attorneys and Advocates (COPAA) – Advocacy group supporting parents.

Quick Action Checklist

✔️ Always keep emails, report cards, medical letters, and teacher notes.
✔️ Ask for accommodations in writing.
✔️ Know the school’s obligations under Section 504 and ADA.
✔️ If denied, escalate: OCR or DOJ.
✔️ You are not alone — Justice for Hope stands with you.