Philadelphia school district faces ‘first-of-its-kind’ asbestos prosecution

Prosecutors have filed criminal charges against the School District of Philadelphia, accusing it of repeatedly failing to inspect, report, and remediate damaged asbestos in multiple school buildings.

The case stems from a five-year investigation by the U.S. Attorney’s Office, the Justice Department’s Environmental Crimes Section, and the Environmental Protection Agency’s Criminal Investigation Division.

Under federal law, school districts must inspect buildings containing asbestos every three years and conduct surveillance inspections every six months. They are also required to respond promptly to internal reports of damaged asbestos and report their remediation efforts in a timely manner.

The School District of Philadelphia operates approximately 339 buildings, nearly 300 of which are known to contain asbestos.

The complaint filed Thursday outlines eight counts, including failure to conduct required three-year inspections at seven schools and failure to conduct six-month surveillance at one school.

The seven schools named are: 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.

A deferred prosecution agreement (DPA), which is pending judicial approval, includes a detailed statement outlining 61 specific failures and names 31 schools that had asbestos issues between 2015 and 2023.

In some cases, the presence of damaged asbestos led to school closures. The investigation also revealed instances where asbestos was improperly addressed, including reports of duct tape being used to cover exposed material.

If the district complies with the terms of the agreement, the charges may be dismissed after approximately five years. If not, the district could face prosecution. The agreement also requires court-authorized monitoring, paid for by the district, to ensure compliance.

The charges mark the first time in the U.S. that a public school district has faced criminal prosecution for violations under the Asbestos Hazard Emergency Response Act (AHERA). It is also the first time a DPA has been used in an environmental case involving a public school system, according to the U.S. Attorney’s Office for the Eastern District of Pennsylvania.