Parents Demand Transparency Following Allegations That Students Have Been Exposed to Asbestos for Months During Construction at P.S. 176 The Ovington School, a Dyker Heights, Brooklyn Elementary School
BROOKLYN, NEW YORK (March 29, 2026) – Parents of students at P.S. 176 The Ovington School are calling for transparency following claims that students have been exposed to asbestos.
The concerns stem from allegations that the ongoing construction projects at the school are putting students at risk of asbestos exposure. These concerns led to a protest outside of the elementary school in Dyker Heights, Brooklyn.
The protest took place on June 12, a few days before the end of the school year. Parents have called for the removal of the P.S. 176 The Ovington School principal.
They have accused Principal Elizabeth Culkin of failing to adequately inform families of the ongoing health risks posed by the construction projects.
Superintendent David Pretto, Juarez has said that he has seen people working without any type of protective gear disposing debris into a container labeled “asbestos.” That container was stationed in the school playground area.
There were also asbestos-labeled containers in the areas where parents routinely drop off their children. Juarez has since resigned from his position. He told reporters that he believes that the school wants to keep this matter a secret.
At least two parents have reported that their children became seriously ill during the school year. One student developed severe pneumonia and allergies and missed 40 days of school that year. Another student experienced worsening asthma symptoms.
Liability for Asbestos Exposure in New York City Schools
Every school in New York has a legal obligation to maintain its premises in a reasonably safe condition. These schools must protect students from foreseeable sources of harm, including harm posed by asbestos exposure. When a property owner has actual or constructive notice of a dangerous condition on their premises, they must take action. Failing to take action to protect students from a dangerous condition could form the basis of a negligence claim. There are many steps that schools should take to protect students from asbestos exposure.
- Informed Consent: Schools should clearly inform all families about the potential risks related to asbestos exposure.
- Identify: Schools should go out of their way to identify all potential sources of asbestos that can harm students. This is critical for older buildings where the use of asbestos was common.
- Asbestos Abatement Plan: Federal and state rules require schools to develop and follow a written asbestos management plan.
- Avoid Disturbances to Asbestos: In some cases, asbestos should be left alone if it is in good condition and not likely to be disturbed.
- Removal: When asbestos is damaged, schools should hire licensed asbestos abatement contractors to carefully remove it.
A number of lawsuits have been filed after students became sick following asbestos exposure. Consider, for example, Barnett v. City of Yonkers, 731 F. Supp. 594 (S.D.N.Y. 1990). Plaintiffs alleged that the decedent’s death was the result of friable asbestos exposure while they were a student at Walt Whitman Junior High School in Yonkers. In essence, plaintiffs argued that the school failed to remediate, warn, or discover asbestos on the property. This occurred despite them having access to information that would have made asbestos exposure a foreseeable risk.
Steps to Take After New York City Asbestos Exposure
Asbestos is a naturally occurring mineral fiber that was routinely used in attic and wall insulation due to its heat-resistant properties. Prolonged exposure to asbestos can lead to mesothelioma. According to the United States Environmental Protection Agency, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.” Parents should take several actions if their children were exposed to asbestos in a school setting.
- Medical Attention: Parents should seek medical attention for their children if they experience new or worsening health conditions. These conditions could be a side effect of the exposure.
- Assessment: Parents should request an environmental assessment by the school that details what steps are taken to remediate exposure.
- Evidence Preservation: All evidence related to the exposure should be stored. This will include all medical records and school reports related to asbestos.
- Legal Representation: The parents of any child who has been exposed to asbestos should seek a legal consultation from a skilled New York mesothelioma attorney. An attorney can evaluate the unique facts of your case free of cost and let you know what legal options you have.
It can be hard to know where to begin if your child has developed a health condition related to prolonged exposure to asbestos. Victims are routinely left with life-altering illnesses and may become burdened by the subsequent costs related to treatment. To make matters worse, schools will virtually never accept responsibility if a student in their care becomes ill from asbestos exposure. This is why it is so important to speak with an attorney. The family of any child exposed to asbestos in a school setting is able to seek some measure of accountability and transparency through a personal injury claim.
Investigating Asbestos Exposure at P.S. 176 The Ovington School
We at GLK Law extend our best wishes to all of the families of children at P.S. 176 The Ovington School in Dyker Heights, Brooklyn. It is deeply concerning that school officials were not more transparent with families about the risks posed by this construction project. Reports of how asbestos is being removed from school grounds raise serious health concerns. These should be amplified by virtue of the fact that multiple students have become seriously ill in the past year.
Have you or someone that you care about spent prolonged periods at P.S. 176 The Ovington School in Dyker Heights, Brooklyn? You may have legal recourse if you have developed new or worsening health conditions. Whether you are a student, faculty, or worker, there are legal options available to you. Our team of New York asbestos exposure attorneys is here to help in any way that we can. We can evaluate the unique facts of your case and let you know what your options are. You can reach out to us anytime at (516) 908-9792.
