DOJ ‘not ready to proceed’ with agreement over a federal investigation of Philly schools’ asbestos management processes
The school board was poised to vote on an agreement related to a federal investigation Thursday. The resolution was pulled at the eleventh hour.
In an eleventh-hour shocker, the Philadelphia school board did not sign off on an agreement with the U.S. Department of Justice as expected Thursday.
The district is under investigation by federal officials for its asbestos management practices, according to a board document.
The school board had been scheduled Thursday to consider a resolution signing off on “a proposed agreement between The School District of Philadelphia and the United States Department of Justice with respect to an ongoing investigation of the district’s asbestos management practices.”
News of the investigation — and an agreement — marked a major development in the district’s struggle with environmental issues. But just after the meeting began, board president Reginald Streater said no vote would be taken.
“We were informed just before this meeting that the Department of Justice is not ready to proceed today and additional review may be required,” Streater said.
Board meetings always begin at 4 p.m.; Thursday’s meeting was abruptly moved to noon to handle the DOJ settlement, which is now apparently on pause.
“We do not currently have more information to share and cannot comment further,” Streater said. “We will follow up at the appropriate time.”
Streater asked for “grace” and said that “as a board, we remain committed to transparency, and that means being clear and forthcoming as more information becomes available.”
A history of environmental struggles
Philadelphia schools have long struggled with environmental issues. In recent years, several school buildings have temporarily closed due to asbestos hazards.
Under the federal Asbestos Hazard Emergency Response law, if asbestos is present in any school building, that building must be inspected every six months; every building must be checked every three years.
The district first publicly acknowledged it was years behind on federal asbestos investigations in 2023. Officials said at the time that the failure was due to a lack of resources and personnel, and that it would likely take three years to come into compliance.
Inspections are complicated — they take several days at minimum, and can occur only when students and staff are not present. The vast majority of district buildings contain asbestos, which was widely used in floor and ceiling tiles, paint, and pipe insulation until about 1980.
In the past, Philadelphia, as many underfunded school systems have, slashed facilities spending when times got tough. It has asbestos in about 300 of its buildings.
Undisturbed, asbestos poses no risk. But when asbestos becomes damaged, its tiny fibers can be toxic, causing health issues including mesothelioma, a rare and aggressive cancer.
The district has dramatically increased spending on asbestos management and increased the number of district personnel who manage environmental programs.
Missteps with asbestos management in 2019 during a multimillion-dollar construction project at the Ben Franklin High-Science Leadership Academy building led to several hospitalizations and the long-term displacement of students. The district settled a lawsuit in 2020 in the case of a teacher who contracted mesothelioma after working in buildings with known disturbed asbestos.
Watlington, who arrived in Philadelphia in 2022, stepped up communication about environmental issues, though critics say the district is still not nearly transparent enough.
Watlington said in 2023 that closures that year happened in part because the district had improved its environmental processes. In some cases, he said, officials knew about the disturbed asbestos, but because of faulty recordkeeping, potentially dangerous material was labeled safe for years.
The main building of one school, Frankford High, remains shut because of extensive damaged asbestos. Officials most recently said they will spend $20 million to fix Frankford, which could reopen for the 2025-26 school year. In the meantime, students are spread out over two locations — some in a school annex and others at Roberto Clemente Middle School in North Philadelphia.
Students at Universal Vare, a charter school operating in a district building, had to relocate from their building the same year because of asbestos. Vare is still closed.