News Summary
The School District of Philadelphia has been charged with federal criminal violations for mishandling asbestos in its schools. This unprecedented case marks the first time a school district in the U.S. faces such charges under the Asbestos Hazard Emergency Response Act. The district has entered a deferred prosecution agreement, allowing five years to address asbestos-related issues, as investigations revealed inadequate inspections and safety measures that endangered the health of students and staff.
Philadelphia School District Faces Federal Criminal Charges for Asbestos Violations
The Justice Department has filed criminal charges against the School District of Philadelphia due to its negligent handling of asbestos in multiple schools. This landmark decision marks the first time a school district in the United States has faced criminal charges under the Asbestos Hazard Emergency Response Act (AHERA).
As part of a resolution, the district has entered into a deferred prosecution agreement that allows it five years to address and rectify its asbestos-related issues. If the district successfully meets all requirements during this period, the charges may be dropped.
This federal case stems from the district’s duty to protect its students and staff from airborne toxins, which include asbestos, a hazardous material extensively used in construction and insulation until the 1970s. Of the 339 buildings operated by the Philadelphia School District, approximately 300 have confirmed asbestos presence, which poses significant health risks if disturbed.
Details of the Charges
The School District of Philadelphia stands accused of inadequate inspections and failures to remediate asbestos hazards at various schools, specifically highlighting William Meredith Elementary and Frankford High School. Investigations revealed widespread problems regarding asbestos safety that not only threatened the safety of students and teachers but also led to extreme measures, such as the closure of several schools.
Reports indicate that not only were the management protocols surrounding asbestos inspections insufficient, but the district also employed incorrect methods for handling damaged materials. Evidence showed that duct tape was used to cover up damaged asbestos, a practice that falls far short of appropriate safety measures.
District’s Accountability and Future Oversight
In response to the charges, the School District of Philadelphia has acknowledged its responsibility for past mismanagement and claimed it has made significant strides in improving its compliance with asbestos regulations under the leadership of Superintendent Tony Watlington. The district has revamped its asbestos-management program, ensuring that all district buildings undergo biannual inspections moving forward.
The Justice Department will conduct oversight of the district’s actions over the next five years as part of the deferred prosecution agreement. This agreement will require the district to implement better safety practices and enhance its environmental management efforts to ensure that students have safer school environments.
Background Context of Asbestos Issues
These charges were initiated after an extensive five-year investigation by the U.S. Attorney’s Office, the Department of Justice, and the Environmental Protection Agency’s Criminal Investigations Division. In total, 31 school buildings have been identified as having significant asbestos issues between April 2015 and November 2023. Among those buildings, eight failed to conduct necessary three-year inspections, with one, the Building 21 Alternative High School, missing an essential six-month inspection.
Failure to adhere to the compliance requirements set forth in the agreement could lead to potential criminal sanctions against the district. Asbestos is known for causing severe health complications, including asbestosis and mesothelioma, conditions that can emerge from prolonged exposure to the toxin.
As the situation progresses, the School District of Philadelphia is working to ensure the safety and well-being of its students, teachers, and staff while addressing the longstanding issues surrounding asbestos management in its schools.
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School District of Philadelphia Faces Criminal Charges for Asbestos Violations
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