Update (06/28/2025): The U.S. Attorney’s Office for the Eastern District of Pennsylvania filed criminal charges against the School District of Philadelphia. The filing alleges failures to inspect, remediate, and report damaged asbestos in schools throughout the city.
The U.S. and school district have entered into a deferred prosecution agreement (DPA), which remains subject to judicial review and approval. This is the first time in U.S. history that a school district has been charged with this type of environmental violation and first time a criminal violations under the Asbestos Hazard Emergency Response Act has been brought against a public entity.
These charges are the result of a 5-year investigation conducted by the United States Attorney’s Office for the Eastern District of Pennsylvania and the Environmental Protection Agency’s Criminal Investigation Division.
Federal law requires school districts to safeguard their schools from asbestos and timely inspect, remediate, and report any damaged asbestos. The Asbestos Hazard Emergency Response Act (AHERA) requires that school districts conduct formal inspections of all buildings containing asbestos every 3 years.
In addition, all such buildings must undergo surveillance inspections every 6 months to ensure areas containing asbestos remain safe.
The school district was charged with eight counts. The first seven charge the school district with failing to perform 3-year inspections in seven 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 eighth charge relates to the school district’s failure to conduct 6-month inspections at Building 21 Alternative High School.
History of Asbestos in Schools
Asbestos is a natural mineral that was used in construction of homes, offices, schools, hospitals and more. The mineral could resist heat and protect electrical wiring, insulation, pipes and other parts.
However, asbestos can cause deadly diseases such as cancer: lung cancer and mesothelioma, specifically.
By the 1980s, people learned enough about how asbestos could cause cancer. However, many schools were already built with asbestos hiding in walls, floors and ceilings. These schools have not been significantly renovated since they first opened, which means asbestos remains inside. Schools with asbestos can expose children, teachers and other staff to a deadly material.
Philadelphia Schools and Asbestos
Several public schools in Philadelphia have temporarily closed due to findings of asbestos in walls, ceiling tiles, and elsewhere throughout the buildings.
From 2019-2024, more than a dozen Philadelphia schools either closed temporarily or indefinitely due to finding potentially disturbed asbestos, which usually means the fibers have broken apart. Asbestos found in these schools was often exposed and visible.
One school building, the main one for Frankford High, closed in 2023 and remains shut down because of extensive damaged asbestos. Plans to spend $20 million to fix the school could lead to reopening for the 2025-26 school year. Students of Frankford High are either attending school in an annexed building or at Roberto Clemente Middle School in North Philadelphia.
Schools with asbestos close to protect students and teachers while professionals remove or seal the known asbestos. In Philadelphia, all school system buildings must be inspected once every three years, according to the federal Asbestos Hazard Emergency Response law.
Recently, the Philadelphia School District aimed to meet U.S. laws around asbestos inspections within three years. The school system has increased spending on asbestos remediation to make all buildings safer.
Federal Government Investigation
During a Philadelphia School Board meeting in June, the board had on the agenda considering the approval of “a proposed agreement between The School District of Philadelphia and the United States Department of Justice with respect to an ongoing investigation of the district’s asbestos management practices.” This is according to a report by the Philadelphia Inquirer newspaper, which cited a school board document.
The meeting itself, scheduled for the afternoon, was moved to noon, according to the report from the Philadelphia Inquirer. The change in time was to address the investigation and agreement.
No further details were reported by outlets at the time. Now, it’s clear that the agreement was for the deferred prosecution agreement (DPA) between the school district and United States.
Sources & Author
- Philly schools under federal investigation for asbestos management practices. Philadelphia Inquirer. Retrieved from: https://www.inquirer.com/education/school-district-philadelphia-asbestos-investigation-20250528.html. Accessed: 06/03/2025.
- United States Attorney Announces Criminal Charges Against the Philadelphia School District Alleging Violations of the Asbestos Hazard Emergency Response Act. U.S. Attorney’s Office Eastern District of Pennsylvania. Retrieved from: https://www.justice.gov/usao-edpa/pr/united-states-attorney-announces-criminal-charges-against-philadelphia-school-district. Accessed: 06/28/2025.
Sources & Author
