The School District of Philadelphia has made headlines after agreeing to a deal with the U.S. Department of Justice regarding significant violations of federal asbestos management laws. This agreement allows the district to defer prosecution but highlights grave concerns about its handling of asbestos, marking it as the first school district in the United States to face criminal charges over these issues.
Under federal law, school districts are mandated to conduct inspections every three years for asbestos and to address any damaged materials promptly. Additionally, they are required to perform surveillance inspections every six months to prevent hazardous fibers from being released into the environment.
The agreement, shared with WHYY News by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, indicates that the district’s noncompliance was not accidental but rather “knowing and willful.”
Evidence presented suggests that district personnel delayed necessary inspections and remediation measures, actions characterized in the agreement as “flagrant violations of their legal duties.”
The agreement outlines a series of failures, including missed inspections and a lack of reporting that affected at least 31 schools within the district.
Among these schools, Laura Carnell Elementary School in Northeast Philadelphia faced particularly severe issues. The district failed to carry out the required six-month surveillance inspections at Carnell from late 2017 through early 2019.
In 2019, two inspections uncovered numerous areas that had been unreported previously, revealing damages across approximately 100 classrooms and other facilities, including a gym and an art room. Alarmingly, improper encapsulation methods included merely wrapping damaged asbestos with duct tape.
One inspection even identified a serious hazard, with damaged asbestos marked as an “imminent hazard,” despite previous inspections noting the same areas since 2015. Following these findings, the district temporarily closed Carnell for safety reasons.
In addition to Carnell, several other schools have faced closures because of delayed inspections. In 2023 alone, Universal Vare Charter School and Simon Gratz Mastery Charter High School were shuttered after inspections revealed hazardous conditions.
The agreement emphasizes the risk posed to students and staff due to the district’s inaction, stating that the lapses put many individuals at risk of exposure to dangerous asbestos fibers.
Another troubling detail from the agreement involves inconsistencies in inspection reports. Instances have been documented where areas confirmed to contain asbestos were omitted or deleted from reports altogether. For instance, eight areas recognized in previous inspections at William M. Meredith Elementary School were not mentioned in a 2023 report.
Moreover, a report issued for Clara Barton Elementary School in the same year showed that ten areas had been deliberately removed from consideration.
Underscoring the district’s resource challenges, the agreement also acknowledges its historical underfunding and reliance on public funding, stating that it lacks the legal authority to generate its operational funds necessary for inspections and remediation work.
A commitment was made in the agreement, with the district promising to seek both public and private funding to facilitate necessary inspections and asbestos removal or replacement of schools when required.
In recent years, the district has taken initial steps to comply with federal asbestos management laws, although some of these measures have depended on temporary funding sources. For instance, by hiring an environmental consulting and engineering firm, Tetra Tech, the district was able to standardize its inspection schedules. This initiative, which cost over $10 million, was partly supported by a multiyear grant from the University of Pennsylvania and federal pandemic relief aid.
Moving forward, the district is obligated to adhere to federal asbestos management laws and must report its progress biannually to the U.S. District Court for the Eastern District of Pennsylvania throughout the agreement’s five-year duration.
The district has the option to request a dismissal of the charges after three years, provided that it remains in compliance with federal regulations for at least six months leading up to that request.
Board President Reginald Streater emphasized the district’s commitment to maintaining healthy school environments. He stated, “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.”
The implications of this agreement are profound for the School District of Philadelphia and raise concerns about the safety of students and staff across numerous schools. As they move ahead, the district’s commitment to compliance and safety will be pivotal in restoring community trust and securing the necessary resources.
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