The School District of Philadelphia is currently facing criminal charges for allegedly failing to meet legal requirements regarding the inspection, remediation, and reporting of damaged asbestos in multiple city schools in a timely manner. This groundbreaking case has led the district to enter into a Deferred Prosecution Agreement (DPA) with the U.S. Attorney’s Office for the Eastern District of Pennsylvania, thereby waiving the requirement for a grand jury indictment.
This legal action marks a significant precedent: the Philadelphia School District is the first in the country to be criminally charged under the Asbestos Hazard Emergency Response Act (AHERA). It is also the first public entity to enter a DPA in an AHERA case, pending official court filing by the U.S. Department of Justice (DOJ).
The charges are the culmination of a five-year joint investigation conducted by the U.S. Attorney’s Office, the U.S. Department of Justice’s Environmental Crimes Section, and the Environmental Protection Agency Criminal Investigations Division (EPA-CID).
Understanding AHERA: AHERA is a federal law enacted to protect students, teachers, and staff from the serious health risks associated with asbestos exposure, including mesothelioma, a rare and aggressive cancer. It mandates that public school systems:
According to the DPA, the Philadelphia School District failed to conduct timely three-year inspections at several schools, including:
The U.S. Attorney’s Office asserts that the district’s long-standing and widespread asbestos contamination jeopardized students and teachers, leading to the closure of some school buildings. The DPA further details that between April 2015 and November 2023, 31 school buildings experienced asbestos problems, with many having multiple areas of damaged asbestos that were allegedly improperly addressed or neglected. In some concerning instances, the DPA states that “duct tape [was used] to cover it up.”
Under the DPA, a federal court will closely monitor the school district’s actions for approximately five years to ensure compliance with federal laws and regulations. If the district successfully maintains compliance, the U.S. Attorney’s Office and the DOJ may consider dropping the criminal charges after the specified period. However, failure to comply could result in criminal sanctions against the district.
A spokesperson for the school district confirmed that the district fully cooperated with the DOJ and the EPA throughout the five-year AHERA investigation. They stated that the district is now current in its inspections and repair schedule, with all district-owned school buildings currently inspected twice a year. Furthermore, the district has significantly increased its investment in environmental management, with support from the University of Pennsylvania.
Have you been diagnosed with mesothelioma or another illness due to asbestos exposure? The Philadelphia mesothelioma lawyers at Brookman, Rosenberg, Brown & Sandler have been helping victims suffering from asbestos illnesses since 1984. To learn how we can assist you, call 215-569-4000 or contact us online to schedule a free consultation. Located in Philadelphia, we proudly serve clients in Delaware County, Chester County, Philadelphia County, Pennsylvania, and New Jersey.
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