AsthmaMoms Legislation

LEGAL RESOURCES: 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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The Office for Civil Rights (OCR) enforces several civil rights statutes, including Section 504 of the Rehabilitation Act of 1973, that prohibits discrimination in education programs and activities that receive Federal financial funds from the U.S. Department of Education. OCR also enforces 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. Asthma would be considered a disability under both of these statutes. Relevant publications include:

National Association of State Boards of Education
- State School Health Policy Issue Brief: Summary and Analyses of State Policies on Asthma Education, Medications, and Triggers (02/22/05)
U.S Department of Education
- Individuals with DisabilitiesEducation Act Amendments of 1997 (H.R.5)
- 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. (Dec 28, 2000)
- Student Placement in Elementary and Secondary Schools and Section 504 and Title II of the Americans with Disabilities Act (Code No. 19) , Section 504 Prohibits Discrimination on the Basis of Disability in Programs or Activities That Receive Federal Financial Assistance TITLE II of the Americans with Disabilities Act Prohibits Discrimination on the Basis of Disability by State and Local Governments (revised August 1998)
- Protecting Students with Disabilites: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities
Department of Justice (DOJ)
- Americans with Disabilities Act Information Line (last update February 3, 2003)
- How to File Complaints (last updated June 9, 2003)
- Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act (10/97)
- Civil Rights & Liberties Violations (Last Updated: 12/11/03)
- A Guide to Disability Rights Laws (May 2002)
- ADA Regulations and Technical Assistance Materials (last updated December 18, 2003)
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
Americans with Disabilities Act, Asthma and Allergy Foundation of America (AAFA)
Know Your Rights, Allery & Asthma Network (AANMA)
Students and Medication at School, Allery & Asthma Network (AANMA)
Directory of Pro Bono Legal Programs: Center for Pro Bono, American Bar Association (Last update on 5/13/02)

Asthma Related Legislation

Pending 9/11 Bills
- H.R. 6046: 9/11 Comprehensive Health Benfits Act of 2006: To amend title XVIII of the Social Security Act to provide for comprehensive health benefits for the relief of individuals whose health was adversely affected by the 9/11 disaster; Introduced by Rep jerrold Nadler (D-NY)
- Remember 9/11 Health Act (September 19, 2006) - In the House of Representatives
Pending Asthma Legislation, Allergy & Asthma Network
Environmental Health Legislation Database includes state legislation on topics such as asthma, mercury, lead poisoning, pesticides and indoor air quality. The database is updated monthly and all entries include brief summaries of current legislation as well as status and bill number, National Conference of State Legislatures (NCSL)
Laws and Regulations: Regulations and Proposed Rules, Codified Regulations, Current Legislation & Laws, US Environmental Protection Agency (last updated December 22nd, 2003)
US Federal Laws | US State Laws: Cases, Codes, Statutes and Regulations, FindLaw
New York City: Int. No. 191-A: A Local Law 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.
NYC Local Law 37 of 2005, requires prior notification for pesticide applications, annual reporting of pesticide use, and specifically prohibits the use of pesticides that are highly toxic, products that contain active ingredients considered known, probably or possible carcinogens, and products that contain active ingredietns that are considered reproductive hazards.
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.

Search Related to Asthma

Library of Congress: State and Local Governments: provides a meta-index of state and local government information and direct links to state government Web sites. (12/04/03)
Legal Dictionary, Legal Articles on asthma, FindLaw
C-SPAN Congressional Glossary

Asthma Related Bills

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.....
Diesel Fuel & Vehicles (NYS 2006)
S.8185 (Marcellino) / A.11340 (Grannis)
- 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 or a state or regional public authority.
- Business Council has no position.
- Passed both houses.
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.
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.
INT. NO. 324-A: NYC Council, requirements for city-owned and city-funded green buildings.
New York State: Establish a protocol to allow registered professional nurses to administer asthma treatment agents for the emergency treatment of asthma
- Senate Bill No. S5960: Spano
- Assembly Bill No. A9452: Brodsky
Asthma Free School Zones: Int. No. 83, A Local Law to amend the administrative code of the city of New York
Search Bill Text for Congress by Bill Number or by Word/Phrase for federal legislation, THOMAS, Legislative Information of the Internet, Library of Congress.
New York State Assembly Bill: search through current bills by bill number or by keyword

New York City Legal Resources

DATABASE OF STATE INDOOR AIR QUALITY LAWS: Environmental Law Institute: Center for Public Health and Law ( last updated on 06/04/2004)
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. Intake is on Mondays and Wednesdays. They take the first 10 calls starting at 9 AM so they suggest that people call at 9 AM and hold on the line until a staff member takes their name and number. They also offer a helpline on Tuesdays and Thursdays from 10 AM to 1 PM. 151 West 30th Street, New York, NY 10001, 212-947-9779. The Healthy School Environmental Action Guide (1999).
New York Committee for Occupational Safety and Health (NYCOSH): Basic Health and Safety Rights, basic legal and contractual health and safety rights for workers. 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. 275 7th Avenue, New York, NY 10001, 212-627-3900
Legal Services for the New York City (LSNY): 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, 212-431-7200.
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 meet the financial eligibility in civil matters such as landlord/tenant issues in all five boroughs of New York City, call for the neighborhood offices. 230 East 106th Street, New York, NY 10029, 212-426-3000 or visit Office Locations 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.

Disability-related Resources

ABLEDATA, a federally funded project whose primary mission is to provide information on assistive technology and rehabilitation equipment available, extensive resource list.

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