ASTHMA LEGAL RESOURCES
Asthma Legislation & Policy, Acts, Cases, Statutes, and a Legal Dictonary
These legal resources are provided for informational purposes only, check with your lawyer for legal advice.
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Asthma is considered a disability under these two civil rights statutes which the Office for Civil Rights (OCR) enforces:
- Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability such as in education programs and activities that receive Federal financial funds from the U.S. Department of Education.
- Title II of The Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination on the basis of disability generally, including state and local government programs, whether or not the programs receive Federal financial funds.
Office of Civil Rights – “We serve student populations facing discrimination and the advocates and institutions promoting systemic solutions to civil rights problems. An important responsibility is resolving complaints of discrimination.” (U.S. Department of Education)
- How to File a Discrimination Complaint for violations of Section 504 with the federal Office of Civil Rights, U.S. Department of Education
- How to File a Discrimination Complaint with the Office for Civil Rights in English (September 29, 2005)
- How to File a Discrimination Complaint with the Office for Civil Rights in Spanish (September 29, 2005)
- Customer Service Standards for the Case Resolution Process
- OCR’s Complaint Resolution Procedures
- Contact OCR
- The OCR Case Resolution and Investigation Manual (Archived)
- Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act. (U. S. Department of Justice, 10/97)
- Americans with Disabilities Act Information Line (last update November 14, 2006)
- How to File Complaints (last updated January 17, 2008)
- Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act (10/97)
- A Guide to Disability Rights Laws (September 2005)
- ADA Regulations and Technical Assistance Materials (last updated October 09, 2008)
U.S. Small Business Administration (SBA)
- AMERICANS WITH DISABILITIES ACT of 1990 (S. 933), an Act to establish a clear and comprehensive prohibition of discrimination on the basis of disability.
U.S. Department of Health & Human Services
- YOUR RIGHTS UNDER SECTION 504 OF THE REHABILITATION ACT
Department of Health and Human Services – Centers for Disease Control and Prevention
Center for Pro Bono, American Bar Association
- Directory of Pro Bono Legal Programs (last update on 5/13/02)
- Section 504, the ADA, and Education Reform (WrightsLaw.com)
- Who is Eligible for Protections Under Section 504 – But Not Under IDEA? Who is protected under Section 504? A student with AIDS? A student with ADD? A student with asthma? (WrightsLaw.com)
- Key Differences Between Section 504, the ADA, and the IDEA, by Peter Wright and Pamela Wright (WrightsLaw.com)
- Americans with Disabilities Act: How it Affects You, Asthma and Allergy Foundation of America (AAFA, 2005)
- Federal Laws: Cutting throught the red tape, Allery & Asthma Network (AANMA)
Asthma Legislation in Schools
Asthma in Schools: Right to Carry and Self Administer Asthma Medication in Schools – Legislation – lists selected asthma related legislative measures addressing the right to self administer asthma medication and carry inhalers in schools. The material provided is not a comprehensive listing of all asthma related legislation, but is being provided as a sample. For the most current status and comprehensive listing of State asthma related legislation, refer to the corresponding State Legislatures home page. For the most current status and comprehensive listing of State asthma related legislation, refer to the corresponding State Legislatures home page. (Department of Health & Human Services, Centers for Disease Control and Prevention, posted 11/01/2004)
Federal. H.R. 2023. Asthmatic Schoolchildren’s Treatment and Health Management Act of 2004. Gives preference to States that require schools to allow students to self-administer medication to treat a student’s asthma and for other purposes. Sponsor: Rep. Stearns, Cliff [FL]. (Passed by both House and Senate 10/11/2004).
National Association of State Boards of Education
- Policy for a School Asthma Program
- Policy for Healthy School Environments
- Policies to Prevent Tobacco Use
U.S Department of Education
- The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973, pamphlet explains how students with hidden disabilities are protected against discrimination by Federal law. (Office for Civil Rights, last modified: 03/14/2005 )
- Protecting Students with Disabilites: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities (Office for Civil Rights, last modified: 03/04/2005)
- Individuals with Disabilities Education Act Amendments of 1997 (H.R.5)
- Students and Medication at School: States Protecting Student Rights to Carry and Use Prescribed Asthma and Anaphylaxis Medications, Allery & Asthma Network (AANMA)
- Legal Dictionary: FindLaw
State Indoor Air Quality Laws Database
Database of State Indoor Air Quality Laws
States are central players in the development of policies addressing indoor air quality (IAQ). In the absence of a general federal regulatory scheme in this area, states are free to explore diverse approaches to protecting and improving the indoor environment. Since the late 1980’s, there has been considerable activity in state legislatures on the subject of indoor air quality. State policies reflect the multi-faceted nature of IAQ issues. Laws and regulations address a variety of individual pollutants, practices and building types.
The Environmental Law Institute, with support from the U.S. Environmental Protection Agency, has developed a database that includes a broad cross-section of these state laws, and the charts below contain key information about these laws. The database does not purport to reflect all areas of policy that relate directly or indirectly to indoor air quality. Following are the general guidelines used to develop the database. The database contains laws enacted through December 2007.
Asthma Legislation, Cases and Codes
- For the most current status on Federal asthma related legislation in Current Congress, go to Library of Congress Thomas and type in “asthma” under search bill text.
- US Federal Laws & US State Laws: Cases, Codes, Statutes and Constituions, FindLaw
- On March 10, 2008 Senators Jack Reed (D-RI) and Chuck Hagel (R-NE) introduced legislation to create the first Council on Healthy Housing, which would bring Federal, State, and local government representatives, as well as industry and non-profit representatives, to the table at least once a year. The bill authorizes $750,000 for each of the next five years for the Council to review, monitor, and evaluate existing housing, health, energy, and environmental programs. The Council would then make recommendations to reduce duplication, ensure collaboration, identify best practices, and develop a comprehensive healthy housing research agenda. To find out more, go to http://www.nchh.org/Policy/National-Policy/Federal-Healthy-Housing-Bills.aspx
- State Government Information: provides a meta-index of state and local government information and direct links to state government Web sites (including State Senate & Assembly), Library of Congress (09/29/08)
- New York State Legislature: Bills, Resolutions, & Laws of New York
- New York State Assembly Bill Search
- State Statutes: links to full text of state statutes, constitutions and other legislative resources (updated 11/9/08)
- Asthma Briefing Paper – National Conference of State Legislatures, (2003)
- State and Local Government on the Net: a directory of official state, county, and city government webistes
- Congressional Glossary: click on a term to see its definition, C-Span
September 11, 2001 Legislation
Legislation related to the Attack of September 11, 2001 – Library of Congress, Thomas Search
Pending Federal /11 Health Bills
- H.R. 847, the 9/11 Health and Compensation Act
- To amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001, and for other purposes.
World Trade Center Disability Law (signed into law June 14, 2005); p. 3 of link
- Bill establishes a presumption that certain New York City employees who worked at one of four specified WTC sites for at least 40 hours during the period beginning on September 11, 2001 and ending on September 12, 2002 (or were unable to work 40 hours due to an injury incurred during WTC related work on September 11 or 12, 2001) and have developed, or develop in the future, certain enumerated physical conditions, will be deemed to have a work-related condition that can form the basis of an accidental disability retirement application. The enumerated conditions include, but are not limited to, certain pulmonary diseases, cancer, asbestos-related disease, certain skin diseases, and various psychological disorders. The presumption is available to Fire, Police, and Sanitation Department WTC workers and other City WTC workers who had a pre-employment physical exam that did not reveal the condition upon which the application for disability retirement is based. The bill contains a mechanism by which retired workers can seek to have their retirement reclassified as an accident disability retirement.
Asthma Related Laws, Regulations, Guidance
Environmental Health Legislation & Statutes Databases includes state legislation on topics such as asthma, mercury, lead poisoning, pesticides and indoor air quality. The database is updated frequently and all entries include brief summaries of current legislation as well as status and bill number, National Conference of State Legislatures (National Conference of State Legislatures, updated 7/17/2008)
Laws and Regulations: Regulations and Proposed Rules, Codified Regulations, Current Legislation & Laws, US Environmental Protection Agency (last updated November 26th, 2008)
ULSD Fuel and BART Technology
New York State
- New York State: Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines; purpose of the amendment is to revise the existing low emission vehicle (LEV) program to incorporate modifications California has made to its vehicle emission control program to reduce greenhouse gas (GHG) emissions.
- New Vehicle Technology – New York State’s new vehicle technology program is modeled after the California Low Emission Vehicle (CAL-LEV) program. New York State was the first state to adopt the CAL-LEV standards, which are more stringent than federal standards. The CAL-LEV program requires all new passenger cars and light duty trucks (6,000 pounds and under) sold in New York State to have been certified as meeting one of five certification levels. In addition, the program stipulates that manufacturer’s sales must meet an established fleet average.
- Diesel Emission Reduction Act (A.11340, Chapter 629 Laws of NYS 2006) sponsored by Assemblyman Grannis and Assemblyman DiNapoli – Requires ultra low sulfur diesel fuel and best available technology for on- and off-road “heavy duty vehicles” (GVW of 8,500 lb. or more) that are owned by, operated by or on “behalf of,” or leased by a state agency
New York City
- Intro. 622-A – Decreasing the emissions that come from school buses; requires all diesel-powered school buses to be retrofitted to keep pollution out of bus cabins by 2011 and lowers the retirement age of buses to 16 years starting in 2010, allowing the Department of Education to take the oldest buses off our streets. These old buses make up just 11 percent of the fleet but are responsible for a disproportionate amount of pollution.
- Rules Concerning the Use of Ultra-Low Sulfur Fuel and Emissions Control Technology on City Motor Vehicles – On May 11, 2005, Mayor Michael Bloomberg signed Local Law 39 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel (“ULSDF”) and best available retrofit technology (“BART”) by city motor vehicles. The law requires that diesel fuel-powered motor vehicles owned or operated by city agencies be powered by ULSDF. The law further requires that a percentage, increasing yearly to 100 percent, of diesel fuel-powered motor vehicles with a weight of more than 8,500 pounds that are owned or operated by city agencies utilize BART or be equipped with an engine certified to the 2007 EPA standard for reducing the emission of pollutants. The law provides that the Commissioner shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered motor vehicle affected by the law. DEP went through the Citywide Administrative Procedure Act (CAPA) process and promulgated a list of what constitutes BART in a hierarchical schematic. Diesel Particulate Filters and Diesel Oxidation Catalysts were found to be the best devices based on the EPA and California Air Resources Board for verified technology.
- Local Law No. 41: Use of Emissions Control Technology on Sight-Seeing Buses – On May 11, 2005, Mayor Michael Bloomberg signed Local Law 41 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of best available retrofit technology (“BART”) by sight-seeing buses. The law requires that beginning January 1, 2007, any sight-seeing bus that is licensed by the Department of Consumer Affairs (DCA) and is equipped with an engine that is over three years old shall utilize BART for reducing the emission of pollutants. A sight-seeing bus, as defined by the law, is a vehicle that carries eight or more passengers and operates for hire from a fixed point in the City to a place of interest or amusement. The law provides that the Commissioner of the Department of Environmental Protection shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered sight-seeing bus affected by the law. DEP went through the CAPA process and selected diesel particulate filters and diesel oxidation catalysts as the BART.
- Local Law 42: Reduce the emission of pollutants from vehicles that transport children to and from school through Use of Ultra-Low Sulfur Diesel Fuel and Emissions Control Technology – On May 11, 2005, Mayor Michael Bloomberg signed Local Law 42 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel (“ULSDF”) and the best available retrofit technology (“BART”) by vehicles that transport children to and from school. The law requires that by September 1, 2006 all diesel fuel-powered school buses shall be powered by ULSDF. The law provides that the Commissioner shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered school bus affected by the law. DEP went through the Citywide Administrative Procedure Act (CAPA) process and promulgated a list of what constitutes BART in a hierarchical schematic.
- NYC Local Law No. 77 of 2003, To amend the administrative code of the city of New York, in relation to the use of ultra low sulfur diesel fuel and the best available technology by nonroad vehicles in city construction.
- Use of Ultra Low Sulfur Diesel Fuel by Nonroad Vehicles (DEP)
- Green Ferries – scroll down (2008)
New York City Other Related Legislation
- INT. NO. 324-A: NYC Council, requirements for city-owned and city-funded green buildings.
New York City Legal Resources
- Advocates for Children of New York, Inc.: provides advocacy for students and their families on a variety of educational issues affecting public school students, including those with disabilities. Check website or call to check for intake information. 151 West 30th Street, 5th Floor, New York, NY 10001, 212-947-9779.
- Help for Children with Medical Conditions and Other Disabilities under Section 504 & ADA (Americans with Disabilities Act) (2005)
- The Healthy School Environmental Action Guide – The purpose of this guide is to inform parents, advocates, and school personnel about the laws and resources available to ensure that students have an environmentally safe and healthy school.(updated 2005).
- Chancellor’s Regulation A-710, New York City Department of Education: Section 504 Policy and Procedures for Students (issued 8/2/07).
New York Committee for Occupational Safety and Health (NYCOSH): Basic Health and Safety Rights, Basic Laws and Regulations for workers, including enivronmental contamination including 9/11. These rights apply to all workers in the U.S. whether or not they are United States citizens. You should note that, even though you have these legal rights, they are not easy to enforce. 116 John Street, Suite 604, New York NY 10038; 212-227-6440, 212-627-3900
- Legal Services for the New York City (LSNYC): staff attorneys and community advocates provide legal representation in civil legal matters such as housing, government benefits and Medicaid to persons who meet the financial eligibility and other guidelines in New York City. Call for neighborhood offices throughout the boroughs. 350 Broadway, 6th Floor, New York, NY 10013, (646) 442-3310.
- New York Lawyers for the Public Interest, Inc. (NYLPI): brings together private law firms and clients who need representation including health disabilities law in New York City. 151 West 30th Street, 11th floor, New York, NY 10001-4007, 212-244-4664.
- The Legal Aid Society: serves clients who live at or below the proverty level and cannot afford to hire a lawyer when confronted with a legal problem in civil matters such as housing issues (that could impact asthma) in all five boroughs of New York City. The Legal Aid Society has offices in every city borough, please call 212-577-3300 for the neighborhood offices. Headquarters: 199 Water Street, New York, NY 10038, or visit Office Locations for every city borough on web site.
- Resources for Children with Special Needs, Inc., an independent, not-for-profit citywide source of help for New York City parents and caregivers of children with disabilities or special needs, ages birth to 21, and the professionals who work with them. Resources is designated by the U.S. Department of Education as a Parent Training and Information Center. 116 E. 16th St., 5th Floor (off Union Square East) New York, NY 10003, (212) 677-4650.
ABLEDATA, a federally funded project whose primary mission is to provide information on assistive technology and rehabilitation equipment available, extensive resource list.ABLEDATA, a federally funded project whose primary mission is to provide information on assistive technology and rehabilitation equipment available, extensive resource list.