August 20, 2022

AHERA & Asbestos in Schools: What Parents and Staff Should Know

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Asbestos
Emily Weinberger

Legally Reviewed and Fact Checked by: Emily Weinberger , Attorney

Back-to-School Safety: What You Need to Know About Asbestos

As we reach the end of August it is a bittersweet time for families as kids begin to return to school. Warm, outdoor summer nights change to new school routines and after-school activities. For many, new beginnings are associated with January 1st of each year and people often question why new school years don’t begin until the start of fall. The answer lies in our history.

School wasn’t mandatory for children until the late 1800s. Most children were required to work in fields and factories, meaning school often came second. During winter months, there was less to do in the workforce and children were able to attend school more regularly. But once May hit, children were needed to help prepare for the upcoming busy seasons. In order to increase the likelihood of the maximum number of children to be in attendance at school, the school year started in September and lasted through May.

There are over 130,000 public and private K-12 schools in the United States today. About half of all U.S. schools were built between 1950 and 1969 – a time when asbestos was often desired as a prominent building material. Asbestos was used in schools in the form of cement sheets, ceiling tiles, wallboards, textured “popcorn” ceilings, ductwork, pipe wrap insulation, boiler insulation, and vinyl flooring. These materials are still present in many school buildings, posing significant school building asbestos risks if damaged or improperly handled.

How AHERA Regulates Asbestos in Schools

After discovering the dangers of asbestos in schools, Congress passed the Asbestos Hazard Emergency Response Act (AHERA) in 1986 to promote school asbestos safety. AHERA regulations are designed to protect students, teachers, and school staff from asbestos exposure in classrooms. Under AHERA compliance guidelines, all public school districts and nonprofit private schools must:

  • Inspect their school buildings for asbestos-containing materials
  • Prepare and maintain an asbestos management plan
  • Designate and train an individual to oversee asbestos-related activities
  • Perform regular surveillance and re-inspections
  • Implement response actions to prevent or reduce asbestos hazards

AHERA compliance ensures schools manage asbestos in a way that keeps occupants safe without requiring immediate school asbestos removal, unless the material becomes hazardous.

What Materials Might Contain Asbestos in Schools?

Asbestos in public schools can still be found in a variety of aging construction materials, including:

  • Floor and ceiling tiles
  • Insulation around pipes and boilers
  • Cement panels and wallboards
  • Adhesives and mastics (often used under tile flooring)
  • Spray-applied coatings and textured paints
  • HVAC duct insulation

These materials are considered safe if undisturbed, but if they degrade, are damaged, or are disturbed during renovation, they can release harmful asbestos fibers into the air, increasing the likelihood of asbestos exposure in classrooms.

Do Schools Have to Remove Asbestos?

AHERA does not mandate school asbestos removal unless the materials are friable (easily crumbled by hand) and pose a health hazard. In most cases, proper maintenance and management are considered sufficient to ensure school asbestos safety. However, if materials are found to be deteriorating or have sustained damage, removal or encapsulation may be required to prevent the release of asbestos fibers.

Serling & Abramson, P.C. Legal Achievements

Serling & Abramson, P.C. is proud to have represented over 300 school districts across Michigan in a groundbreaking class-action lawsuit against numerous asbestos manufacturers and suppliers. This resulted in a recovery of over $120 million to fund the removal of asbestos-containing products in more than 2,000 school buildings. Their work helped make Michigan schools safer for generations of students and educators.

Legal Help After School-Based Asbestos Exposure

Despite existing AHERA regulations, there are still cases where students, teachers, custodians, and other school workers face asbestos exposure in public schools. When asbestos-containing materials deteriorate or are disturbed without proper safety procedures, individuals may inhale or ingest asbestos fibers, potentially leading to long-term illnesses like mesothelioma from school exposure.

If you or someone you know has been diagnosed with mesothelioma or another asbestos-related disease and believe it stems from time spent in school buildings, it is important to seek asbestos legal help. Serling & Abramson, P.C. has decades of experience with asbestos litigation and a unique database of school-related exposure histories that may help identify your exposure source and connect you with the compensation you deserve.

Contact us today for a free case evaluation and learn your legal options. AHERA compliance may have been overlooked, but your health and future shouldn’t be.