Charter Schools Set to Open Asbestos-Free

The owner of two Ohio Valley charter schools says the company has complied with EPA directives and asbestos does not endanger students, faculty, or staff.

In June 2024, the EPA issued a notice of violation earlier this summer regarding asbestos and lead paint concerns Youngstown Academy of Excellence, Niles Preparatory Academy, and STEAM Academy of Warren. The EPA said the violations may present hazards to students, faculty, and staff.

The investigation was conducted after the EPA received a complaint with concerns about asbestos at Youngstown Academy of Excellence in March. In a statement, ACCEL said despite regular maintenance and custodial service, these issues were never brought to their attention or reported to school staff.

ACCEL said that after learning about the issues in the three schools, it hired an environmental consulting firm to inspect each campus and take the necessary action to reopen it.

The 1991 Asbestos Hazard Emergency Response Act established an asbestos-free requirement for all public and private schools. However the AHERA only funded inspections and abatement for four years. Therefore, since 1995, most public and private schools have been financially responsible for asbestos testing, abatement, and other AHERA compliance matters. The lack of funding is probably the main reason that schools like Youngstown Academy of Excellence, Niles Preparatory Academy, and STEAM Academy of Warren still have asbestos over thirty years after Congress passed the AHERA.

Most schools were constructed before 1980. At that time, builders heavily relied on asbestos. They added this fireproof substance to:

• Attic insulation,
• Drywall,
• Electrical wire insulation,
• Floor tiles, and
• Plumbing insulation.

In fact, in many cases, this insulation was almost pure asbestos. Asbestos was so cheap and plentiful that school districts authorized its use wherever possible. In their defense, they may not have been fully aware of the health risks at that time since the asbestos industry concealed these risks for many decades.

Generally, builders used chrysotile (white) asbestos. This substance is easy to work with. It is also very crumbly and breaks down quickly. So, the workers are not the only potential asbestos exposure victims. More on that below.

Asbestos use was not limited to schools and other public buildings. Practically every commercial and residential structure built before 1980 was laced with asbestos. The same is true for Navy ships built before 1980.

In the first wave of asbestos litigation, most asbestos poisoning victims are direct occupational victims. Back in the day, workers usually handled asbestos without wearing any PPE (personal protective equipment). To maintain the “asbestos is harmless” myth, most companies did not provide PPE and/or did not encourage workers to use it.

Indirect occupational victims are common as well. Asbestos fibers often float into other worksite areas, such as parking lots and offices. Therefore, people who never touched asbestos might have been exposed to this hazardous substance.

Occupational victims linger. Asbestos-exposure diseases, like mesothelioma, usually have at least a 50-year latency period. In other words, people who handled asbestos products in 1980 might not know they are sick until 2030.

The next wave of asbestos exposure litigation will most likely consist of ambient (environmental) exposure victims.

Asbestos-laced talcum powder is probably the best example. Johnson & Johnson executives first learned that the company’s talcum powder was tinted with asbestos in the 1970s. However, they continued aggressively marketing this product without taking any action to make it safer.

In the coming years, an asbestos exposure lawyer will probably handle many 9/11-related cases as well. When the Twin Towers collapsed, much of New York City was blanketed with toxic, asbestos-laced smoke.

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. We routinely handle these matters nationwide.