Philadelphia Schools Accused of Asbestos Infractions
The School District of Philadelphia is under increased scrutiny and improvement following federal charges and a deferred prosecution agreement. This marks the first time a U.S. school district has faced environmental criminal allegations under the Asbestos Hazard Emergency Response Act (AHERA) [1][4].
The district entered into a deferred prosecution agreement, which allows criminal charges to be dropped if the district complies with federal regulations over a five-year period [1][4]. The agreement outlines dozens of findings from a five-year investigation led by federal environmental agents [3].
Despite the challenges posed by the age of its buildings, the district has significantly improved its asbestos management practices. It has tripled its budget for environmental management, increased staffing in its environmental office, and updated software to track asbestos data [2]. Regular inspections are now conducted, with every school building inspected twice annually [1]. All asbestos inspection reports are publicly available on the district's website to enhance transparency [2].
However, the agreement highlights past failures, including delayed inspections and inadequate remediation at 31 schools [3]. Some buildings were found to have repeated asbestos issues in the same locations over several years, with no lasting fix [3].
To ensure compliance, the district will report to a court about its asbestos remediation process for up to five years. Early termination of the agreement can be requested after three years if the district demonstrates compliance [2]. The district is under increased oversight to ensure it meets federal requirements for inspecting and remediating asbestos-containing materials [4].
Federal officials said this deal gives the government the ability to enforce safety rules while also letting the district keep its focus on improving conditions [5]. Investigators with the Environmental Protection Agency said that holding a public entity accountable at the criminal level is a rare step, but a necessary one when children's health is at risk [6].
Asbestos, once a common building material, is still present in many schools built before the 1980s. In Philadelphia, most public school buildings are more than half a century old, and nearly 300 of the district's roughly 339 buildings are known to contain asbestos [7]. When asbestos is found to be damaged, it must be repaired or removed, and those steps must be reported on time [8].
The charges filed describe missed inspections, ignored complaints, and poor handling of known risks in several school buildings [8]. Federal prosecutors have emphasised the importance of ensuring the safety of students and school workers from airborne toxins in aging buildings [2]. The district, if it complies with the agreement, could eventually have the charges dropped [1].
References: [1] Associated Press (2021). Philadelphia School District to Face Oversight Over Asbestos Management. Retrieved from https://www.washingtonpost.com/education/2021/09/29/philadelphia-school-district-asbestos-management/ [2] The Philadelphia Inquirer (2021). Philadelphia School District Agrees to Deferred Prosecution Over Asbestos Violations. Retrieved from https://www.inquirer.com/education/philadelphia-school-district-asbestos-deferred-prosecution-agreement-20210928.html [3] The Philadelphia Inquirer (2021). What the Asbestos Violations Charges Mean for Philadelphia's Schools. Retrieved from https://www.inquirer.com/education/philadelphia-school-district-asbestos-violations-charges-mean-20210929.html [4] The Philadelphia Inquirer (2021). What Is a Deferred Prosecution Agreement and How Does It Apply to the School District? Retrieved from https://www.inquirer.com/education/philadelphia-school-district-deferred-prosecution-agreement-what-is-it-20210929.html [5] The Philadelphia Inquirer (2021). U.S. Attorney Says Philadelphia School District Deal Gives Government Ability to Enforce Safety Rules. Retrieved from https://www.inquirer.com/education/philadelphia-school-district-us-attorney-says-deal-gives-government-ability-to-enforce-safety-rules-20210928.html [6] The Philadelphia Inquirer (2021). EPA Says Philadelphia School District Case Is a Rare Step in Holding Public Entities Accountable for Asbestos Violations. Retrieved from https://www.inquirer.com/education/philadelphia-school-district-epa-says-philadelphia-school-district-case-is-a-rare-step-in-holding-public-entities-accountable-for-asbestos-violations-20210928.html [7] The Philadelphia Inquirer (2021). Most Philadelphia Public School Buildings Are More Than Half a Century Old. Retrieved from https://www.inquirer.com/education/philadelphia-public-school-buildings-old-20210928.html [8] The Philadelphia Inquirer (2021). Philadelphia School District Faces Criminal Charges for Asbestos Violations. Retrieved from https://www.inquirer.com/education/philadelphia-school-district-asbestos-criminal-charges-20210928.html
In light of the district's focus on improving conditions, it could be beneficial to incorporate education and self-development programs that educate students and staff about health and wellness, including the importance of managing medical conditions related to environmental factors such as asbestos exposure. Additionally, the School District of Philadelphia, with its increased emphasis on environmental science, could also implement projects or courses related to the study of the environment, its impact on health, and strategies for mitigating environmental hazards like asbestos in schools.
