School District of Philadelphia, Pennsylvania accused of failing to properly inspect asbestos in buildings, facing federal charges

PHILADELPHIA — Federal prosecutors brought charges against Philadelphia’s public school system on Thursday for insufficiently inspecting eight schools for asbestos damage. The district has consented to defer the criminal proceedings while it funds a court-appointed monitor to oversee its compliance efforts.

Prosecutors said it was the first time a school district in the U.S. has faced such environmental criminal allegations.

The district faces eight allegations of breaching the federal Toxic Substances Control Act, due to not conducting the required inspections within an appropriate timeframe over the past five years.

Officials stated that a judge’s approval is needed for the deferred prosecution arrangement, which precludes the need for a grand jury indictment. Provided the district adheres to federal regulations, the government may eventually dismiss the charges.

About 300 of the school district’s aging set of 339 buildings contain asbestos, the U.S. attorney’s office said in a release.

Asbestos, a construction material in wide use until the 1980s, has been linked to cancer and lung disease.

Investigators said some asbestos was improperly addressed and that schools have had to close as a result of asbestos problems. Prosecutors said the “longstanding and widespread problem” put students and teachers in danger.

The deferred prosecution agreement says the school system has already improved policies, procedures and compliance regarding asbestos inspections and abatement.

“Since joining the District in June 2022, our dedicated team has worked alongside the Board of Education and external partners to improve outcomes, with safety and well-being as our No. 1 priority in our strategic plan-Accelerate Philly,” said Superintendent Tony B. Watlington Sr. in a statement. “We have rebuilt our asbestos management program so all District-owned school buildings are now inspected twice per year. We have tripled our investment in environmental management with support from the University of Pennsylvania, and we have increased transparency with school communities so they can have more confidence in the District.”

The Associated Press contributed to this report.

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