Philly school district missed asbestos inspections at some schools, prosecutors say
The School District of Philadelphia acknowledged Thursday that it had missed legally required inspections at multiple schools with damaged asbestos, but said it reached an agreement to address the issues while pledging to keep current on future inspections and needed repairs.
The U.S. Attorney's Office for the Eastern District of Pennsylvania alleged the district violated legal requirements of the Asbestos Hazard Emergency Response Act (AHERA) to conduct timely three-year and six-month inspections and remediate and report damaged asbestos.
Prosecutors said the district failed to conduct timely three-year inspections by a licensed inspector at these schools:
- William M. Meredith Elementary
- Building 21
- Southwark Elementary Scfhool
- S. Weir Mitchell Elementary School
- Charles W. Henry Elementary School
- Universal Vare Charter School
- Frankford High School
The district also failed to conduct the required six-month "walk-through" inspections at Building 21, prosecutors alleged.
The USAO said the School District of Philadelphia was the first school district in the nation to be criminally charged with violating AHERA.
The district said it signed a deferred prosecution agreement – meaning it would avoid charges as long as it continues making progress on the issue and staying in compliance for five years. In a news release, the district said it accepts responsibility — and that the government acknowledges the district has made progress on the issue despite being underfunded.
"Today, our program is current in its inspections and schedule of repairs," the release said.
The district said it has taken other steps to improve its asbestos response, including:
- increasing its environmental management budget from $10.2 million in 2021 to $55 million in 2025;
- adding 18 positions in the Office of Environmental Management and Services;
- and contracting with experts to reform their programs and get them in compliance with AHERA.
"The District is pleased the Department of Justice acknowledges the progress we have made, which is reflected in their offering the District the opportunity to enter this agreement," Board President Reginald Streater said in the release. "We are committed to maintaining healthy school environments and securing the resources to do so, while providing all school communities with access to spaces that are safe, welcoming, and conducive to learning, because academic success depends on it."
Asbestos in Philadelphia schools
Once a commonly used building material, asbestos is present in almost 300 of the district's 339 buildings, the district and USAO said. Asbestos is safe when kept intact, but poses a danger when it breaks down, emitting particles into the air that can become lodged in the lungs and cause health conditions including mesothelioma.
Six school buildings were temporarily closed in the 2022-23 school year so crews could remove damaged asbestos and make the buildings safe for students again.
During the closures, students in the affected schools either learned virtually or were relocated to other schools in the district.
