DOJ Files Criminal Charges Against Philadelphia School District Over Asbestos Management Failures
Federal authorities have recently taken the unusual step of bringing criminal allegations against the School District of Philadelphia, accusing them of not following proper procedures when it comes to monitoring and handling asbestos inside school buildings. This has sparked serious worries about how the health of students, staff, and teachers may have been put at risk.
Asbestos, a material found in many older buildings, can be very dangerous if disturbed. When its fibers become airborne, they’re easily inhaled and may cause major health issues such as mesothelioma, lung cancer, and asbestosis. That’s why federal regulations are in place, requiring regular checks and careful management of asbestos wherever it’s present, especially in public spaces like schools.
In Philadelphia, asbestos has been a recurring issue. Of roughly 339 school properties in the district, almost 300 still have some amount of asbestos-containing materials. Overseeing these aging structures and keeping them safe for everyone who uses them has proven to be a tough task for local administrators.
Between 2018 and 2023, a federal investigation examined how the district was handling these responsibilities. What they found was concerning: multiple instances of missed inspections and failures to meet standards laid out in the Asbestos Hazard Emergency Response Act (AHERA), which requires that all schools must check for asbestos every three years, plus conduct walk-throughs every six months to spot any new damage.
It turns out seven different schools skipped the critical three-year check, and at least one location went without the twice-yearly walkthroughs. The problem wasn’t limited to one type of school, either—elementary, charter, and high schools across the city were affected.
Some schools didn’t properly repair or remove damaged asbestos. There were even situations where quick, makeshift fixes—like covering up the problem areas with duct tape—were attempted instead of proper abatement. Not only did this fail to contain the risk, but it also led to schools having to close at times because of unsafe conditions.
These criminal charges are a first for any U.S. school district accused of mishandling asbestos. The main allegation is that the district didn’t carry out its federally required inspections and failed to properly address the hazards, which is a violation of the Toxic Substances Control Act.
Despite the severity of the situation, the district and federal officials reached a deferred prosecution agreement. This means the district must now overhaul how it manages asbestos and comply with all legal requirements for the next five years, while a court-appointed monitor oversees the process. If the district follows through, the charges might be dropped later. However, if they don’t, legal action could resume.
Leadership within the school district says they’re already working on the problem. Since mid-2022, new management and environmental teams have been working to update policies and procedures, commit to more frequent checks, and invest in better safety measures. Their goal is to examine every school building at least twice a year—an improvement over the previous schedule—and to be more open with parents, staff, and the public about ongoing safety efforts.
They’re also collaborating with outside experts, including universities, to ensure better quality inspections and abatement. These steps are meant to regain public trust and prioritize the well-being of everyone in the school system.
Philadelphia’s situation highlights broader issues that many older urban districts face—much of the infrastructure is decades old and still contains hazardous materials installed before their dangers were known. Maintenance and remediation take significant resources, and districts often struggle with tight budgets and a long list of urgent needs.
The involvement of federal prosecutors makes it clear that health violations in public institutions are taken seriously. Accountability is the goal, and so is protecting the well-being of everyone who spends time in these buildings.
If you or a loved one has been diagnosed with lung cancer or mesothelioma, call 412/471-3970 to discuss your situation and explore your options. Our team stands ready to help you protect your rights and seek justice.
