United States Attorney David Metcalf has announced criminal charges against the School District of Philadelphia for alleged violations related to asbestos management in schools. The charges stem from a failure to comply with federal laws that require regular inspection, remediation, and reporting of asbestos conditions in school buildings.
A deferred prosecution agreement (DPA) has been reached between the United States and the School District of Philadelphia. This agreement is unprecedented as it marks the first time a school district faces criminal charges under the Asbestos Hazard Emergency Response Act (AHERA). It also represents the first use of a DPA against a public school district in such cases.
The investigation leading to these charges was conducted over five years by multiple agencies including the U.S. Attorney’s Office for the Eastern District of Pennsylvania, Department of Justice's Environmental Crimes Section, and Environmental Protection Agency’s Criminal Investigation Division.
Federal law mandates that school districts protect schools from airborne toxins like asbestos through timely inspections and remediations. AHERA specifically requires triennial formal inspections and biannual surveillance inspections for buildings containing asbestos.
Asbestos, widely used in construction materials until the 1970s, poses significant health risks when disturbed or damaged. The School District of Philadelphia manages approximately 339 buildings, with nearly 300 known to contain asbestos.
The charges include eight counts against the district for failing to conduct required inspections between June 2018 and April 2023 at several schools including William Meredith Elementary and Building 21 Alternative High School.
Under the terms of the DPA, an agreed statement details numerous instances where asbestos problems were inadequately addressed across various schools. These issues have sometimes led to school closures due to safety concerns. A federal court will monitor compliance with this agreement, which includes provisions for oversight lasting approximately five years.
“This deferred prosecution agreement...affords...the highest available level of prosecutorial and judicial oversight,” stated U.S. Attorney Metcalf. “Most importantly...it provides...a platform for students...to breathe clean air free of asbestos.”
EPA Special Agent Allison Landsman emphasized their commitment to enforcing environmental laws: “This resolution requires additional accountability on [the] School District...to prevent future asbestos exposure.”
Assistant U.S. Attorney David E. Troyer along with DOJ attorney Ronald Sarachan are leading prosecution efforts following investigations by EPA-CID.
