A former Pennsylvania superintendent and other officials have been charged with felony child endangerment for lead and asbestos in schools.

Asbestos exposure has been the basis for a number of asbestos mesothelioma lawsuits.

Former Superintendent Alexis Kirijan, former Director of Operations Jeffrey Brazil, and current maintenance supervisor Joseph Slack allegedly knew they were putting children at risk with lead and asbestos in schools but failed to remedy these issues. Instead, a grand jury presentment says that the officials covered up the issue and mislead the public about remediation.

Asbestos was reportedly found at dangerous levels in classrooms, restrooms, cafeterias, and dozens of other locations in the Scranton School District. Ceilings in these locations had allegedly collapsed, spreading asbestos-containing lead on desks, books, and even students. Despite being told about this issue by a school president, the grand jury found that Kirijan “went out of her way to hide the extent of the district’s asbestos problem.”

Likewise, lead was allegedly found at high levels in drinking water due to contaminated fountains and sinks. According to The Associated Press, an environmental engineer found lead in the district’s drinking water in 2016. Despite telling officials about the issue, repeat testing in December 2018 and December 2019 allegedly showed continued lead contamination.

The grand jury found that, after Brazil retired in March 2019 and Kirijan resigned in August 2019, no one was told about the contamination. Their successors, school board members, and everyone else was allegedly left in the dark. As a result, immediate action was reportedly taken only after state police warned the new officials about the issue.

Due to these findings, a grand jury has charged all three officials with endangering the welfare of children along with reckless endangerment.

“Hiding the truth exposed Scranton schoolchildren to unsafe levels of lead in their water, and asbestos in their air, and these administrators’ failure to fix the problem broke the law,” Pennsylvania Attorney General Josh Shapiro said in a press conference.

“They knew it was dangerous and they chose to leave everyone in the dark, not just the parents and the public, but principals and staff and teachers too.”

In addition to facing official charges, Scranton School District officials face a lawsuit from current and former district employees. These staff members say that they were never told of the risks they faced at work due to asbestos and lead contamination.

The district is reportedly trying to dismiss the case, arguing that the staff member plaintiffs didn’t allege that they were “personally exposed to asbestos in any affected rooms, or that they ingested affected water from any sinks or fountains.” However, according Pittsburgh NPR member station WESA, the plaintiffs remain committed to their case – especially after the recent criminal indictment.

Is Asbestos an Issue in Other Districts in Pennsylvania?

Unfortunately, lead and asbestos in schools may be a big issue for Pennsylvania. Tests last year reportedly revealed excess lead in over 100 building across 30 Pennsylvania school districts. Earlier this year, Philadelphia officials requested funding from the state to help fix the ongoing issue of asbestos in schools.

Dangers of Asbestos in Schools

According to the Environmental Protection Agency (EPA), public and private schools are required to follow the Asbestos Hazard Emergency Response Act (AHERA) in order to protect students and school employees from asbestos exposure.

Under AHERA, schools are required to inspect their schools for asbestos every three years and prevent or reduce asbestos hazards through management plans. These plans are reportedly required to include plans for reinspection, details about responses and/or preventative actions, descriptions of a plan informing workers and students, and more.

Failure to follow AHERA may not only be illegal – it may also needlessly expose staff members and children to the dangerous carcinogen asbestos.

Asbestos is a naturally occurring mineral which was previously used as an additive in numerous materials due to its natural resistance to heat and corrosion. Until asbestos was recognized as a hazard, it was found in insultation, floor tiles, building materials, vehicle brakes, and more.

Unfortunately, asbestos is a known carcinogen and can lead to serious and often deadly forms of cancer such as mesothelioma. Mesothelioma is a rare cancer which causes aggressive tumors in the lining of the abdominal cavity, lungs, and other parts of the body.

Although asbestos is now recognized as a carcinogen, people may still be exposed to the material in older buildings. During construction, renovation, repairs, or even daily life in an older building, asbestos containing materials can be agitated, releasing microscopic fibers into the air where they can be swallowed or inhaled.

If employers or schools fail to manage the risk of asbestos, anyone who enters the contaminated building may be at risk of developing severe consequences.