This report discusses selected legal issues in IAQ-related claims brought against public school entities by parents or school staff. The report focuses on claims in three areas of the law: (1) state workers’ compensation systems, (2) common law tort, and (3) federal disability rights/non-discrimination statutes.
The report analyzes statutes and court decisions, but not administrative decisions, in these areas. There are other types of lawsuits and legal claims not discussed here that might address school IAQ problems, including claims that arise from individual state laws and state constitutional provisions. While the report does not offer a comprehensive review of state laws, it provides the background for undertaking the state-specific analysis required in individual cases.
*This report is not intended as a guide to litigation, and parties involved in or considering lawsuits should consult an attorney for legal advice.
Overview of the Report
The report analyzes federal and state statutes and court decisions as of 2005. Although the legal landscape has changed since publication, the report may be helpful in understanding potential legal claims and issues and identifying some of the obstacles and opportunities for using the law to address IAQ problems and resulting injuries to students and employees.
Workers’ Compensation. For teachers and other school employees who suffer injuries related to IAQ problems in school buildings, workers’ compensation is a common avenue for seeking a remedy. All 50 states have workers’ compensation laws that set up a system for providing compensation to people with work-related injuries. While they vary by jurisdiction, state workers’ compensation laws generally feature similar principles and procedures.
Tort Suits. Plaintiffs who file tort lawsuits allege that they have been harmed by wrongful conduct and seek relief for their injuries. Tort lawsuits concerning mold and related IAQ problems involve some legal issues that are common to "toxic tort" lawsuits, as well as some issues that relate specifically to IAQ problems and to school facilities. One potential obstacle to bringing a tort suit for damages is the possibility that the school district will be shielded from the lawsuit by the legal doctrine of sovereign immunity. The nature and scope of a school district’s immunity are derived from state statutes and court decisions, and the circumstances in which a school district may claim immunity vary considerably from state to state.
Federal Disability Rights Laws. When indoor air quality conditions in a school facility have a negative impact on students or school staff who have disabilities, certain federal laws may come into play. In particular, there are two types of federal laws that have given rise to litigation in these circumstances. The first is an education law, the Individuals with Disabilities Education Act, which establishes state and local responsibilities for ensuring that all children receive a “free appropriate public education.” The second area is non-discrimination law. Two federal laws – the Americans with Disabilities Act (ADA) and the Rehabilitation Act – prohibit discrimination against disabled individuals and establish affirmative requirements for ensuring that public facilities such as schools are accessible to those individuals. All three of these federal laws are potentially applicable in cases involving school indoor environmental conditions.
While litigation is an avenue for resolving IAQ disputes, it is usually not the preferred course of action for the parties, given the significant amount of time and resources involved. The same may be true of pursuing formal administrative remedies, such as workers’ compensation. The key to avoiding IAQ-related claims and lawsuits is preventing IAQ problems in the first place and taking appropriate steps when problems arise. There are well-established, evidence-based techniques for preventing and fixing IAQ problems, as well as practical guidance for schools on developing comprehensive IAQ management plans.
Explore other materials from ELI’s Indoor Environments Program.
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