The School District of Philadelphia is facing criminal charges for failing to follow federal requirements regarding asbestos in buildings, but the district can avoid sanctions if it maintains compliance for the next five years as part of a deferred prosecution agreement.
The charges, filed Thursday in federal court, accuse the district of failing to timely inspect, remediate and report damaged asbestos at seven schools between June 2018 and April 2023. They are the result of a five-year investigation conducted by the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the Environmental Protection Agency’s Criminal Investigation Division.
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This marks the first time a school district has been criminally charged for this type of environmental violation, federal authorities said. It’s also the first time a public entity has faced criminal violations under the Asbestos Hazard Emergency Response Act.
That law requires school districts to perform formal inspections of all buildings containing asbestos every three years and to carry out interim inspections every six months to ensure the areas containing asbestos are safe.
Asbestos is a building material that once was widely used for insulation because of its heat-resistant properties. When asbestos is damaged and breaks apart, the particles it discharges into the air create health hazards, potentially causing lung disease or cancer.
Of the school district’s 339 buildings, nearly 300 of them are known to contain asbestos, according to the U.S. Attorney’s Office.
Seven of the eight charges accuse the district of failing to conduct three-year inspections at these schools: William Meredith Elementary, Building 21 Alternative High School, Southwark Elementary, S. Weir Mitchell Elementary, Charles W. Henry Elementary, Universal Vare Charter School and Frankford High School. The final charge alleges the district failed to conduct six-month inspections at the Building 21 school.
Under the deferred prosecution agreement, signed off on by the district, a federal court will monitor the district to make sure it complies with the law. If it does, prosecutors may drop the criminal charges after five years.
The agreement details the widespread problems with asbestos contamination in district schools, and the district’s failure to properly address them. It notes that 31 buildings had issues between April 2015 and November 2023. In some schools, asbestos was damaged in multiple areas, and sometimes went unattended or improperly addressed, including the use of duct tape to cover it up. The issues in some schools were so bad that they were forced to close.
The deferred prosecution agreement, filed Thursday in court, must be reviewed and approved by a judge.
“This deferred prosecution agreement, if approved, affords the government the highest available level of prosecutorial and judicial oversight over the School District of Philadelphia and its efforts to comply with its legal obligations to provide safe schools,” U.S. Attorney Daivd Metcalf said in a press release. “Most importantly, the DPA provides the best possible platform for students, teachers, staff, and others who may spend time in our schools to breathe clean air free of asbestos.”
The district released a statement saying it cooperated with the federal investigation and accepts responsibility for its “lapses” in meeting inspections. The district said all inspections and repairs are up to date, and that all buildings are now inspected twice each year.
“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 statement. “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.”
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