Philadelphia School District Faces Criminal Charges for Asbestos Violations

Renovation and safety measures are being implemented at a Philadelphia school for asbestos remediation.

News Summary

The School District of Philadelphia has been charged with criminal violations regarding asbestos safety regulations under the Asbestos Hazard Emergency Response Act. This first-of-its-kind case in the U.S. stems from a five-year investigation revealing failures to inspect and remediate asbestos in multiple schools. Following the charges, the district is entering a Deferred Prosecution Agreement to comply with safety regulations while facing significant scrutiny over student and staff safety amidst the ongoing asbestos issues.

Philadelphia – The U.S. Attorney’s Office for the Eastern District of Pennsylvania has filed criminal charges against the School District of Philadelphia for violations related to asbestos safety regulations in schools. This unprecedented event marks the first time a school district in the United States has faced criminal charges under the Asbestos Hazard Emergency Response Act (AHERA).

The charges originate from a comprehensive five-year investigation involving the U.S. Attorney’s Office alongside the Environmental Protection Agency’s (EPA) Criminal Investigation Division. Investigators allege that the Philadelphia School District failed to inspect, remediate, and report asbestos hazards in multiple schools throughout the city. This situation underscores the district’s alleged neglect in ensuring safe environments for students and staff by adhering to federal regulations meant to safeguard against airborne toxins.

Federal law requires school districts to guarantee that their facilities are free from harmful substances like asbestos. Under AHERA, all buildings containing asbestos must undergo formal inspections every three years, while surveillance inspections should occur every six months. The Philadelphia School District faces eight counts of violations, particularly regarding its failure to execute timely inspections at seven specified schools, as well as neglecting to conduct a required six-month inspection at Building 21 Alternative High School. Schools affected include William Meredith Elementary, Southwark Elementary, S. Weir Mitchell Elementary, Charles W. Henry Elementary, Universal Vare Charter School, and Frankford High School.

Asbestos, a material historically used in construction, is classified as a carcinogen linked to severe health risks like lung cancer and mesothelioma. Consequently, numerous schools in Philadelphia have been forced to temporarily close due to asbestos findings, with more than a dozen schools affected from 2019 to 2024. Notably, Frankford High School has been closed since 2023 for extensive asbestos issues, with potential plans for repairs aimed at reopening by the 2025-26 school year.

In light of the charges, the School District of Philadelphia has ramped up its spending on asbestos remediation efforts and is working to comply with U.S. laws regarding inspections and safety. As part of its response to the federal scrutiny, the Philadelphia School Board is entering a Deferred Prosecution Agreement (DPA) with the Justice Department. This agreement grants the district five years to rectify its asbestos concerns, offering a pathway to avoid prosecution if the district meets compliance standards.

The DPA is subject to judicial review and involves regular monitoring of the district’s progress in addressing the asbestos issues. The filed charges indicate that the School District of Philadelphia did not adequately manage specific asbestos-related problems, leading to potential exposure for both students and staff. Acknowledging its failures, the district asserts that improvements have been made under the leadership of Superintendent Tony Watlington, who claims the district is currently up to date with its inspections and repairs.

Moreover, the DPA includes provisions for worker training on asbestos management and emphasizes the commitment to maintaining healthy school environments. It is worth noting that approximately 300 of the district’s 339 school buildings are known to contain asbestos. Many of these structures were constructed before the serious hazards associated with the material were widely recognized, thus compounding the challenge of addressing the safety issues effectively.

As the Philadelphia School District navigates this serious legal battle, the implications for the safety of its students and staff remain a pressing concern, with many stakeholders closely monitoring the outcomes of the agreement and remediation efforts in the face of these unprecedented charges.