Philadelphia School District Faces Criminal Charges Over Asbestos Violations

Safety concerns arise in school buildings due to potential asbestos exposure.

News Summary

The Philadelphia School District has become the first in the U.S. to face criminal charges for violating the Asbestos Hazard Emergency Response Act. Following a five-year investigation, the charges stem from failure to conduct required inspections on school buildings containing asbestos. Several schools were specifically cited for neglecting inspections, and improper asbestos management practices were reported. In response, the district is increasing its environmental budget and committing to compliance under a deferred prosecution agreement, aiming to ensure safety for students and staff.

Philadelphia

The U.S. Attorney’s Office for the Eastern District of Pennsylvania has filed unprecedented criminal charges against the Philadelphia School District, marking it as the first school district in the United States to face such legal action under the Asbestos Hazard Emergency Response Act (AHERA). This significant development follows a comprehensive five-year investigation involving the U.S. Attorney’s Office, the Department of Justice (DOJ), and the Environmental Protection Agency (EPA).

The charges are rooted in the district’s failure to conduct federally mandated inspections of buildings that contain asbestos. Under federal law, school districts are required to perform formal inspections every three years and visual inspections every six months to mitigate the risk of airborne toxins that can arise from asbestos exposure. The Philadelphia School District manages over 300 buildings, many of which are aging structures known to contain hazardous asbestos materials.

Specifically, the indictments include accusations of neglecting to carry out three-year inspections at seven schools: William Meredith Elementary, Building 21 Alternative High School, Southwark Elementary, S. Weir Mitchell Elementary, Charles W. Henry Elementary, Universal Vare Charter School, and Frankford High School. In addition to these violations, officials found that a six-month inspection at Building 21 Alternative High School had not been performed.

Evidence from the DOJ’s investigation revealed various failures in the district’s asbestos management practices, including instances where damaged asbestos was inadequately addressed. For example, reports indicated that duct tape was used to cover damaged asbestos material instead of following proper remediation protocols.

In response to these allegations and to bolster public confidence, Superintendent Tony Watlington has announced that the district is now adhering to the mandated inspection requirements. Moreover, the school district has made inspection reports available online to enhance transparency regarding their asbestos management practices.

To further address this pressing issue, the district’s annual budget for environmental management has seen a dramatic increase from $10.2 million to $55.7 million between the fiscal years 2021 and 2025. This substantial funding boost aims to improve the management of asbestos and ensure the safety of all school facilities.

As part of a deferred prosecution agreement (DPA) with the DOJ, the Philadelphia School District has been granted five years to comply with federal inspection and remediation requirements, which may lead to the eventual dismissal of the criminal charges. The agreement emphasizes judicial oversight, meaning any failure to meet compliance could result in further legal actions against the district.

The DPA also recognizes the strides the district has made in managing asbestos, notwithstanding its historical challenges with underfunding. The Philadelphia School District has grappled with numerous school closures due to< b> asbestos-related concerns, with some facilities facing indefinite shutdowns after being deemed unsafe for students and staff.

In light of the current crisis, the school district is dedicated to creating safe learning environments and has initiated steps to enhance communication with the community regarding its asbestos management strategies. This commitment to transparency and safety is crucial, given the significant implications of asbestos exposure for the health and wellbeing of students and faculty alike.

As the case develops, the future of how the Philadelphia School District approaches asbestos management will be under careful observation, both legally and within the community it serves.