Page:United States Statutes at Large Volume 94 Part 1.djvu/546

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 496

PUBLIC LAW 96-270—JUNE 14, 1980 EMPLOYEE PROTECTION

20 USC 3608.

SEC. 9. No State or local educational agency receiving assistance under this Act may discharge any employee or otherwise discriminate against any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee has brought to the attention of the public information concerning any asbestos problem in the school buildings within the jurisdiction of such agency. RETAINED RIGHTS

20 USC 3609.

SEC. 10. Except as otherwise provided in section 8, nothing in this Act shall— (1) affect the right of any party to seek legal redress in connection with the purchase or insteillation of asbestos materials in schools or any claim of disability or death related to exposure to asbestos in a school setting; or (2) affect the rights of any party under any other law. DEFINITIONS

20 USC 3610.

20 USC 2854.

SEC. 11. For purposes of this Act— (1) the term "asbestos" means— (A) chrysotile, amosite, or crocidolite; or (B) in fibrous form, tremolite, anthophyllite, or actinolite; (2) the term "Attorney General" means the Attorney General of the United States; (3) the term "imminent hazard to the health and safety" means, for purposes of section 6, that an asbestos materisd is, according to standards established by the Secretary, friable or easily damaged, or within easy reach of students or otherwise susceptible to damage (including damage from water or air circulation) which could result in the dispersal of asbestos fibers into the school environment; (4) the term "local educational agency" means— (A) any local educational agency as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965; and (B) the governing authority of any nonprofit elementary or secondary school; (5) the term "nonprofit elementary or secondary school" means— (A) any elementary or secondary school (as defined in section 198(a)(7) of the Elementary and Secondary Education Act of 1965) owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual, and (B) any school of any agency of the United States; (6) the term "school buildings" means— (A) structures suitable for use as classrooms, laboratories, libraries, school eating facilities, or facilities used for the preparation of food; (B) any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;