Historic Charges Against The School District of Philadelphia Over Asbestos Management

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News Summary

The School District of Philadelphia faces federal charges for serious asbestos management violations, marking a significant moment in education safety compliance.

Historic Charges Against The School District of Philadelphia Over Asbestos Management

The School District of Philadelphia is facing unprecedented federal criminal charges for serious violations regarding the management of asbestos in schools, marking a significant moment in the history of U.S. education safety compliance.

First Ever Criminal Charges Under AHERA

This situation is particularly notable as it represents the first time a school district has been criminally charged under the Asbestos Hazard Emergency Response Act (AHERA). The charges were the result of an extensive five-year investigation led by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, in collaboration with the Environmental Protection Agency (EPA) and the Department of Justice (DOJ).

Inspection Failures and Safety Risks

The investigation revealed that the district had fallen years behind on its legally mandated inspections to detect and manage asbestos, creating a substantial environmental compliance issue. School buildings have historically faced closures due to hazardous conditions, and this trend continues to raise concerns among parents, staff, and the community.

Subpoenaed Records and Non-Compliance Findings

In July 2020, the DOJ initiated its investigation by subpoenaing records related to asbestos maintenance across approximately 300 school buildings. The findings were alarming—the district was non-compliant with the AHERA law from 2015 to 2023, which requires formal inspections every three years alongside interim inspections every six months.

Deferred Prosecution Agreement Details

After assessing the situation, the School District entered a deferred prosecution agreement that mandates compliance with federal asbestos management regulations over the next five years. This agreement comes with a stern warning: failure to comply could lead to prosecution.

Improvements and Accountability Measures

In a bid to rectify past mistakes, the district has publicly acknowledged its lapses and has committed to a more robust asbestos management program. Significant improvements are already visible, with spending on environmental management skyrocketing from $10.2 million in the 2020-21 fiscal year to an anticipated $55.7 million by 2025. Additionally, the number of employees in the environmental services office has increased from 21 to 39, showcasing a strong commitment to environmental health and safety.

Ongoing Training and Access to Information

The district’s agreement stipulates education and training for school-based employees in asbestos management. Furthermore, parents and staff can now access detailed room-by-room inspection results for each school, enhancing transparency and reassurance about safety protocols.

Damaged Asbestos: A Continual Challenge

Despite these proactive measures, some challenges remain. Schools have previously reported improper asbestos management practices, such as covering extremely damaged areas with duct tape. For instance, the main building of Frankford High is currently shut down due to extensive damaged asbestos, necessitating a costly $20 million plan for essential repairs.

Conclusion: A Step Towards Safer Schools

The monitoring stipulated in the deferred prosecution agreement will be closely overseen by a federal court to ensure all safety protocols are strictly followed. U.S. Attorney David Metcalf emphasized that this agreement provides the highest level of oversight, ensuring that the district fulfills its obligation to provide safe learning environments for students, staff, and the community. With Superintendent Tony Watlington at the helm, the district has resolved to move forward with renewed energy and commitment to safeguard public health.