Philadelphia School District Faces Asbestos Charges
Federal charges accuse Philadelphia schools of failing to manage asbestos hazards properly.
Federal prosecutors filed criminal charges against the School District of Philadelphia for failing to follow laws that require public schools to track and manage asbestos. The charges, filed by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, stem from a long investigation led by federal environmental agents and are tied to unsafe conditions in multiple school buildings over a five-year period. The district has reached a deal with prosecutors to avoid a trial, but it will remain under court supervision for several years to come.
This is the first time a school district in the United States has faced criminal charges under the asbestos law known as AHERA. That law has been in place since the 1980s to protect students and school workers from airborne toxins inside aging buildings. The law requires that all school buildings with known asbestos be inspected every three years and that smaller follow-up checks happen every six months. When asbestos is found to be damaged, it must be repaired or removed, and those steps must be reported on time.
Asbestos, once a common material used in buildings because of its heat-resistant qualities, is still present in many schools built before the 1980s. It is safe when undisturbed, but when damaged, small fibers can be released into the air. If inhaled, those fibers can cause lasting health problems, including lung disease and certain cancers. The danger is greater in older buildings, especially when repairs or daily wear expose pipes, tiles, or insulation that contain the material.
In Philadelphia, most public school buildings are more than half a century old. Of the district’s roughly 339 buildings, nearly 300 are known to contain asbestos. The charges filed describe missed inspections, ignored complaints, and poor handling of known risks. In some cases, school buildings had to be closed for repairs or cleaning. In others, the damage was hidden or patched in ways that did not meet safety standards. At least one report described asbestos being covered with duct tape rather than properly sealed or removed.
Seven of the charges accuse the district of missing three-year inspections in schools including William Meredith Elementary, Southwark Elementary, and Frankford High School. The eighth charge involves the failure to perform a six-month inspection at Building 21 Alternative High School. Prosecutors say these failures happened between 2018 and 2023.
Instead of going through a full court trial, the district agreed to a deferred prosecution agreement. That means the court will monitor the district’s actions, and if it follows the rules going forward, the charges could eventually be dropped. If not, the case could be reopened, and penalties could follow. The agreement outlines dozens of findings from the investigation, including missed deadlines, lack of proper repairs, and unsafe conditions in dozens of schools. Some buildings were found to have repeated asbestos issues in the same locations over several years, with no lasting fix.
The agreement allows for outside oversight and court review. The term of supervision is expected to last five years. During that time, the district must show that it is conducting proper inspections, making timely repairs, and reporting everything as required. Federal officials said this deal gives the government the ability to enforce safety rules while also letting the district keep its focus on improving conditions.
Investigators with the Environmental Protection Agency said that holding a public entity accountable at the criminal level is a rare step, but a necessary one when children’s health is at risk. They also said the case sets a precedent for other school systems across the country that may face similar problems with aging buildings.
If the district complies with the agreement, students and staff will be in a better position to learn and work in buildings that meet safety rules. If it does not, there is now a path for legal consequences.
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Criminal charges filed against School District of Philadelphia, alleges asbestos violations
