Why Should School Leaders Be Concerned About IAQ?
Liability
Approximately 50 percent of the nation’s schools have reported an indoor air quality (IAQ) issue.i Old
buildings, limited capital improvement funds and, at times, uninformed personnel can create barriers to
addressing IAQ problems. Some of these barriers can inadvertently contribute to lawsuits and other
legal issues for school districts.
Lawsuit Prevention
Many school districts, however, have successfully dealt with IAQ legalities by avoiding liability, all
together. Indeed, these districts have found that the best approach is proactive and focused on
preventing IAQ problems. Some of the most common factors are listed below.
 Excess moisture and mold
 Inadequate ventilation
 Radon
 Classroom pets
 Insects and other pests
 Cleaning materials
 Personal care productsii
The EPA provides specific guidance for schools to address IAQ issues through their IAQ Tools for Schools
Program website. By creating an IAQ management plan and following the relevant recommendations,
school districts may be able to avoid lawsuits and additional litigation. There are four primary actions
school leaders can take to prevent IAQ lawsuits:iii
1. Investigate – Collect and address all IAQ complaints stemming from all members of your district.
It may be necessary to revisit your IAQ policies to ensure you have a feasible IAQ
complaint/response collection system in place.
2. Respond – Prepare a response on all IAQ complaints and ensure that the response is handled
quickly and thoroughly.
3. Strategize – Address all IAQ issues and work diligently to make sure the problems do not get
worse.
4. Communicate – Encourage all students, staff and personnel to report any IAQ issues to the
appropriate resource and keep all groups looped in to the changes made.
Pro-action is better than re-action when addressing IAQ issues because many schools, by the very nature
of being a school, are more susceptible to IAQ liability. For instance, schools have large HVAC systems
that demand continuous monitoring and attention as occupancy rates and spatial configurations
change. Some schools increase their chances of being involved in an IAQ-related lawsuit simply by not
having policies in place to address their HVAC systems in accordance with these functions. Because state
and district laws and procedures vary by locality, it is best to discuss your district’s options with legal
counsel and district-level leadership.
Additional Resources
The Environmental Law Institute offers a new report, School Indoor Air Quality: State Policy Strategies
for Maintaining Healthy Learning Environments, which discusses the important role of state policy in
advancing best practices of IAQ management in schools. The report profiles leading state policies in this
area and discusses key considerations for developing an effective policy.
i
United States General Accounting Office. School Facilities: Conditions of America’s Schools. Document#:
GAO/HEHS-95-61, Report#: B-259307, February 1, 1995.
http://www.epa.gov/iaq/schools/pdfs/publications/gao_he95061.pdf
ii
EPA. What Factors in School Contribute to Poor IAQ? January 3, 2008. http://iaq.custhelp.com/cgibin/iaq.cfg/php/enduser/std_adp.php?p_faqid=2945&p_created=1170948266&p_sid=yHli_vIj&p_accessibility=0&
p_redirect=&p_lva=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfcm93X2NudD02MCw2MCZwX3By
b2RzPTM3MiZwX2NhdHM9JnBfcHY9MS4zNzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3Bh
Z2U9MQ**&p_li=&p_topview=1.
iii
Portions of the remaining sections were informed by the April 27, 2009 webinar by Mark Metzger on “Sick School
Liability.” Please contact AASA for more information.