Shock Charges Filed Against Philadelphia School District Over Asbestos Hazards

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News Summary

The U.S. Attorney’s Office has filed criminal charges against the School District of Philadelphia due to asbestos management failures in schools.

Shock Charges Filed Against Philadelphia School District Over Asbestos Hazards

In a groundbreaking move, the U.S. Attorney’s Office for the Eastern District of Pennsylvania has taken the unprecedented step of filing criminal charges against the School District of Philadelphia. This marks the first time in U.S. history that a school district faces environmental violations under the Asbestos Hazard Emergency Response Act (AHERA). The indictment stems from a lengthy five-year investigation conducted by federal authorities regarding the district’s failure to manage hazardous asbestos material properly within its educational facilities.

Allegations of Negligence Unveiled

The charges allege that the Philadelphia school district has significantly neglected its responsibilities to inspect, remediate, and report on damaged asbestos in several schools across the city. Federal law mandates that school districts ensure timely inspections and remediation, especially concerning materials containing asbestos, known for its dangerous health implications. Under AHERA, schools are required to undergo formal inspections of all buildings with asbestos every three years, alongside six-month surveillance inspections to ascertain safety.

Specifically, the School District of Philadelphia was charged with eight counts related to failing to perform the necessary three-year inspections in seven schools, which include:

William Meredith Elementary
Building 21 Alternative High School
Southwark Elementary
S. Weir Mitchell Elementary
Charles W. Henry Elementary
Universal Vare Charter School
Frankford High School

The eighth charge concerns the failure to conduct six-month inspections at Building 21 Alternative High School.

Asbestos: A Silent Killer in the Classroom

Asbestos, a natural mineral utilized for its heat-resistant properties in construction, poses significant health risks when its fibers become airborne. Exposure to asbestos has been linked to various forms of cancer, including the deadly mesothelioma and lung cancer. Alarmingly, many schools built with asbestos still retain this hazardous material, with little performed in terms of significant renovations to uproot it. In light of this negligence, the district has been compelled to temporarily close several public schools due to visible asbestos damage found in school buildings between 2019 and 2024.

For instance, the main building of Frankford High was closed this past year due to extensive asbestos damage, with repair plans estimated at a staggering $20 million, aimed to facilitate a potential reopening by the 2025-26 school year. Current students from Frankford High have been relocated to an annexed building or temporarily enrolled at Roberto Clemente Middle School.

Federal Oversight and Accountability

A deferred prosecution agreement (DPA) has been reached between the school district and federal authorities, subject to judicial review and approval. This agreement acknowledges the strides made by the School District of Philadelphia under the leadership of Superintendent Tony Watlington toward improving the management of asbestos issues. While federal charges remain, the DPA allows for the possibility of dropping these charges should the school district demonstrate compliance with federal requirements over the next five years.

The Justice Department plans to closely monitor the district’s progress in implementing a more robust asbestos management program, which includes adhering to the requirement for inspections every six months. After years of falling behind on inspections due to a lack of resources, the district has committed to increasing its environmental management budget from $10.2 million in FY 2021 to $55.7 million in FY 2025. In addition, the district has tripled its environmental management staffing to enhance compliance efforts.

Transparency and Public Health Concerns

In an effort to bolster transparency, the district is now publicly posting its asbestos inspection reports on its website, providing critical insight into the presence and condition of asbestos within its buildings. However, past missteps in asbestos management have already led to hospitalizations and legal ramifications for the district, including one notable case involving a teacher who was diagnosed with mesothelioma.

As this situation unfolds, the stakes could not be higher for the students, staff, and families affected by these dangerous conditions. The community’s vigilance and advocacy for safe learning environments are more essential now than ever before, as the School District of Philadelphia embarks on a path toward remedial action in the face of this serious public health crisis.