School District of Philadelphia Faces Historic Criminal Charges Over Asbestos Violations

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News Summary

The School District of Philadelphia has been charged with criminal violations regarding asbestos management, marking a historic legal first.

School District of Philadelphia Faces Historic Criminal Charges Over Asbestos Violations

In a groundbreaking turn of events, the U.S. Attorney’s Office for the Eastern District of Pennsylvania has leveled criminal charges against the School District of Philadelphia for its alarming disregard for safety protocols concerning asbestos management in city schools. This monumental case marks the first instance in U.S. history where a school district is facing criminal prosecution under the Asbestos Hazard Emergency Response Act (AHERA). The significance of this case cannot be overstated, as it sets a precedent for how environmental violations are addressed in public institutions.

Five-Year Investigation Uncovers Widespread Negligence

The charges are the culmination of a thorough five-year investigation that unveiled disturbing lapses in the district’s asbestos inspection and management processes. The School District of Philadelphia oversees a staggering 339 buildings, with nearly 300 of those containing known asbestos. Asbestos, commonly used in construction for its insulation and fire resistance properties until its ban in the late 1970s, poses severe health risks. Prolonged exposure to this hazardous material can lead to deadly conditions like asbestosis and mesothelioma.

Criminal Charges Detail Astounding Mismanagement

The criminal charges outlined in the case include seven counts for failing to conduct required three-year inspections at designated schools and one count for neglecting to perform six-month inspections at Building 21 Alternative High School. The Environmental Protection Agency’s (EPA) Criminal Investigation Division played an instrumental role in unearthing the extent of these violations.

In total, the investigation identified 61 instances of mismanagement regarding asbestos issues, putting not just students but also teachers and staff in harm’s way. Disturbingly, some instances of damaged asbestos were inappropriately addressed—such as attempting to conceal the hazard with duct tape—indicating a shocking level of negligence.

Deferred Prosecution Agreement: A First for a Public Entity

The district has opted to enter into a Deferred Prosecution Agreement (DPA) that requires judicial review and approval. This unprecedented legal arrangement places significant judicial oversight on the district, providing a five-year window for rigorous monitoring of its compliance with asbestos management laws. The DPA serves as a crucial mechanism for ensuring accountability and improvements in the district’s entire approach to asbestos safety.

As part of the DPA, federal judges will oversee the district’s adherence to strict regulations concerning asbestos monitoring in schools. The U.S. Attorney emphasized that this level of oversight is unparalleled and is designed to safeguard the health of everyone within the district’s schools.

Progress Amidst Controversy

In light of the serious allegations, the district’s administration has accepted responsibility for its previous lapses in compliance. They assert that significant progress has been made in enhancing its asbestos management program. With inspections now conducted twice yearly and an impressive tripling of the budget for environmental management, the district claims to be on a path to achieving compliance.

Despite these assertions, numerous schools—including William Meredith Elementary and Southwark Elementary—have already been flagged for failing to conduct timely inspections. This casts a long shadow over the district’s claims of rectification and raises concerns about the ongoing presence of asbestos in educational settings.

The Road Ahead: Ensuring Safety in Schools

The time is of the essence for the School District of Philadelphia as they attempt to navigate the complexities of the DPA while simultaneously working to ensure that all buildings are compliant with required inspections and repairs. The district’s superintendent has promised that every school is up to date, but with a legacy of neglect hanging over their heads, the path to rebuilding trust in the community will be fraught with challenges.

As the federal court prepares to review the DPA, one thing remains clear: the emphasis on safeguarding health in schools must be a top priority moving forward. The alarming findings of this investigation serve as a critical reminder of the dangers posed by asbestos and the urgent need for ongoing vigilance and proactive measures to protect future generations.