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

These are sample forms. It is not a substitute for legal advice. For your specific circumstances, consult a qualified attorney. Disclaimer: The resources, toolkits, templates, and guides provided here are for general informational and advocacy purposes only. They do not constitute legal advice. Users should adapt the materials to their circumstances and consult a qualified attorney for specific legal issues.

• 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.