Philadelphia's schools accused of failing to properly inspect asbestos in buildings

PHILADELPHIA — Federal prosecutors on Thursday charged Philadelphia's public schools with failing to properly inspect eight schools for damaged asbestos. The district agreed to have the criminal case deferred while a court keeps tabs on its response.

Prosecutors said it was the first time a school district in the U.S. has faced such environmental criminal allegations.

The district is charged with eight counts of violating the federal Toxic Substances Control Act for allegedly failing to perform inspections in a timely manner during a recent five-year period.

Authorities said a judge must approve the terms of the deferred prosecution agreement, which avoids a grand jury indictment. If the school district complies with the relevant federal law, the government can eventually drop the charges.

About 300 of the school district's aging set of 339 buildings contain asbestos, the U.S. attorney's office said in a release.

Asbestos, a construction material in wide use until the 1980s, has been linked to cancer and lung disease.

Investigators said some asbestos was improperly addressed and that schools have had to close as a result of asbestos problems. Prosecutors said the “longstanding and widespread problem” put students and teachers in danger.

The deferred prosecution agreement says the school system has already improved policies, procedures and compliance regarding asbestos inspections and abatement.

Superintendent Tony B. Watlington Sr. told The Philadelphia Inquirer the deferred prosecution agreement is a sign of the district's progress in addressing the problem. He noted the district will train workers on asbestos management as part of the deal.