Are state-run schools (e.g. prison schools, schools for students with disabilities, etc.) covered by the Asbestos Hazard Emergency Response Act (AHERA)?
The definition of “school” under AHERA covers any elementary or secondary school as defined by state law. Thus, reference to state law would determine whether a state-run school is covered as an elementary or secondary school and therefore covered by AHERA. However, state for-profit private schools are exempted under AHERA and therefore not covered.