PHILADELPHIA (WPHL) — The U.S. Attorney’s Office for the Eastern District of Pennsylvania filed criminal charges Thursday against the School District of Philadelphia.
Prosecutors allege violations of legal requirements to promptly inspect, remediate, and report damaged asbestos in multiple schools.
The United States and the School District of Philadelphia have entered into a deferred prosecution agreement (DPA), which means the school district has agreed to waive indictment by a grand jury. If approved, the DPA also requires the federal court to monitor the district to ensure the law is being followed.
“This deferred prosecution agreement, if approved, affords the government the highest available level of prosecutorial and judicial oversight over the School District of Philadelphia and its efforts to comply with its legal obligations to provide safe schools,” said U.S. Attorney Metcalf. “Most importantly, the DPA provides the best possible platform for students, teachers, staff, and others who may spend time in our schools to breathe clean air free of asbestos.”
According to the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the charges mark the first time in the country that a school district has been criminally charged with this type of violation. Prosecutors also note this is the first time that criminal violations under the Asbestos Hazard Emergency Response Act (AHERA) have been brought against a public entity.
According to the Department of Justice, the School District of Philadelphia faces eight criminal charges. Seven charges accuse the district of failing to conduct timely three-year inspections in the following 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 remaining charge accuses the district of failing to conduct timely six-month inspections at Building 21 Alternative High School.
PHL17 reached out to the School District of Philadelphia for comment. On Thursday evening, the district released the following statement:
Today, the School District of Philadelphia’s Board of Education has voted to approve an agreement with the U.S. Department of Justice (DOJ) to resolve an investigation regarding the District’s asbestos management. The deferred prosecution agreement addresses instances when the District fell short of the required schedule of school inspections, but also recognizes the investments and improvements the District has made in the management of asbestos in our approximately 300 buildings. The agreement is pending court filing by the DOJ.
For the past five years, the District cooperated with the DOJ and the U.S. Environmental Protection Agency while they investigated the District’s compliance with AHERA, the federal law that governs asbestos management in U.S. K-12 schools. This law requires the inspection of buildings with asbestos materials every three years and interim inspections every six months.
As part of its investigation, the DOJ identified lapses between 2015 and 2023 when the District did not keep pace with required inspections and repairs. In entering into this agreement, the District accepts responsibility, and the government recognizes the significant progress and commitment by the District to sustain improvements in the asbestos program, including with outside expertise and external resources to meet the needs of District schools amid historic underfunding.
Today, our program is current in its inspections and schedule of repairs.
“Since joining the District in June 2022, our dedicated team has worked alongside the Board of Education and external partners to improve outcomes, with safety and well-being as our No. 1 priority in our strategic plan–Accelerate Philly,” said Superintendent Tony B. Watlington Sr. “We have rebuilt our asbestos management program so all District-owned school buildings are now inspected twice per year. We have tripled our investment in environmental management with support from the University of Pennsylvania, and we have increased transparency with school communities so they can have more confidence in the District.”
The DOJ has offered the District an opportunity to demonstrate it can maintain progress and compliance for five years, through regular reports on its program to the District Court. If the District complies during that time, the DOJ will dismiss the matter.
“The District is pleased the Department of Justice acknowledges the progress we have made, which is reflected in their offering the District the opportunity to enter this agreement,” said Board President Reginald Streater. “We are committed to maintaining healthy school environments and securing the resources to do so, while providing all school communities with access to spaces that are safe, welcoming, and conducive to learning, because academic success depends on it.”
The District already has taken the following steps to improve its AHERA program:
- – Publicly posted on the District website all inspection reports, including room-by-room logs of each facility, with the location and condition of asbestos materials at the time of their last inspection.
- – Increased principal communications and school-based meetings to discuss asbestos management.
- – Increased the annual budget for environmental management from $10.2 million in FY2021 to $55.7 million in FY2025.
- – Increased Office of Environmental Management & Services staff from 21 to 39.
- – Improved software to better manage environmental data and standardized data.
- – Contracted with outside experts with deep expertise in reforming programs to meet AHERA requirements.
- – Implemented a swing space plan to create safe, flexible, alternative learning settings for when environmental conditions, capital projects and other unforeseen circumstances impact their regular school setting.
The specific terms of the agreement will be made public once finalized and filed in court by the Department of Justice.
June 26, 2025 statement from the School District of Philadelphia
This is a developing story; stay with PHL17.com as more information becomes available.
