The School District of Philadelphia became the first public school district ever to be charged criminally by the U.S. Department of Justice after it failed to address asbestos issues in its schools over a span of nine years. (Credit: Philly Schools Facebook)
PHILADELPHIA — The School District of Philadelphia has been charged in a criminal investigation by the U.S. Department of Justice (DOJ) for it's handling of asbestos in schools, marking the first time this has ever happened in U.S. history.
The District has entered a deferred prosecution agreement (DPA) with the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the DOJ, following a five‑year investigation into violations of the Asbestos Hazard Emergency Response Act (AHERA).
This marks the first time a public school district has faced criminal charges under AHERA, a federal law that mandates asbestos inspections every three years and six‑month interim surveys in schools.
Federal prosecutors identified eight criminal counts between June 2018 and April 2023 involving failures to conduct mandatory inspections at at least seven schools:
*The district also allegedly failed to conduct a timely six-month inspection at Building 21 Alternative High School.
The DPA outlines 61 findings and cites problems in 31 schools from 2015 to 2023, which included improperly covered asbestos with duct tape, shuttered buildings, and unsafe remediation efforts.
In exchange for avoiding immediate indictment, the District has agreed to strict oversight for five years under court monitoring and must maintain full compliance. If successful, charges will be dismissed; if not, prosecution may follow.
Superintendent Tony Watlington Sr. noted that since assuming leadership in June 2022, the District has significantly overhauled its asbestos program: all District-owned schools are now inspected twice per year, its environmental management budget rose from $10.2 million in fiscal year 2021 to $55.7 million in fiscal year 2025, while staff has grown from 21 to 39 members.
He added that transparency has increased through published inspection reports and enhanced communication with school communities.
Board President Reginald Streater commented, “The District is pleased the Department of Justice acknowledges the progress we have made… 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.”
From the DOJ’s side, U.S. Attorney David Metcalf emphasized the unprecedented nature of the case and pledged, “This deferred prosecution agreement ... 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. 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.”
The EPA Criminal Investigation Division’s special agent-in-charge Allison Landsman echoed that the DPA holds the District accountable and reinforces protections for school communities.
“EPA is committed to pursuing the prosecution of knowing violations of our nation’s environmental laws, especially where such lawbreaking could result in harm to students and teachers on school grounds,” Landsman said. “This resolution requires additional accountability on the School District of Philadelphia to ensure protections are in place to prevent future asbestos exposure.”
Under the DPA, the District must submit bi-annual compliance reports to the court, maintain rigorous inspection schedules, and continue investing in safe swing spaces for students when remediation is underway.
The DPA is a landmark agreement designed to balance accountability with remediation and underscores the dangers of asbestos enforcement in aging school infrastructure.
As the program shifts from investigation to safeguard, the District’s actions—from record posting in digital transparency to rebuilding staff capacity—reflect both a response to long-standing underfunding and a promise toward safer learning environments.
The coming five years will test whether these improvements can prevent further lapses and secure healthy schools for Philadelphia’s children.
