TECHNICAL ASSISTANCE PAPER
TECHNICAL ASSISTANCE PAPER
No: 2006-17
Asbestos Regulations and Charter Schools
Background
The Asbestos Hazard Emergency Response Act (AHERA), passed by Congress in 1986, required the U.S.
Environmental Protection Agency (EPA) to establish federal regulations that safeguard school children from
asbestos exposure in school buildings. The “Asbestos in Schools Rule” (40 CFR Part 763, Subpart E) sets
forth specific regulatory requirements designed to protect students, teachers, and other school employees
from exposure to asbestos within schools. Local educational agencies (LEAs) are required to inspect schools
for asbestos-containing building materials and prepare management plans that make recommendations for the
reduction of asbestos hazards. Public schools, including charter schools, are subject to AHERA’s
requirements.
Federal Requirements for Asbestos Management in Schools by Local Educational
Agencies (LEAs)
•
The LEA must designate a person to ensure that the responsibilities of the LEA are properly
implemented. This person must receive proper training but is not required to be a licensed asbestos
consultant. There is no specific training course but the EPA has developed a “Designated Person’s
Self-Study Guide” detailing the knowledge required.
•
The LEA must prepare an asbestos management plan for managing asbestos and controlling
exposure in each school. This plan must be signed by the designated person.
•
The LEA must retain the services of properly accredited persons to conduct an original inspection and
re-inspection every three years to determine the presence of asbestos-containing building materials.
An inspection of each area of every building that is leased, owned, or otherwise used as a school
building is required.
•
The LEA must provide yearly written notification to parent, teacher, and employee organizations
regarding the availability of the school’s asbestos management plan and any asbestos abatement
actions taken or planned. This notice must be dated.
•
The LEA must perform periodic surveillance of known or suspected asbestos-containing building
materials and note any changes in the material. This must be done at least once every six months
and does not need to be conducted by a licensed consultant. It is often performed by custodial or
maintenance personnel.
•
The LEA must ensure that all maintenance and custodial staff receive at least two hours of asbestos
awareness training. New custodial and maintenance employees must be trained within 60 days of
employment. Short-term workers, such as utility repair workers, who may come in contact with
asbestos, must be informed of the location of asbestos-containing building materials.
•
The LEA must keep records of all asbestos related activities in the asbestos management plan and
make them available for public review.
Increasing the Quantity and Improving the Quality of Educational Options
Contact Information:
Karen Hines-Henry
850-245-0502
karen.hines@fldoe.org
Independent Education
and Parental Choice
A
ugust 2006
Questions and Answers
1.
What are local educational agencies (LEAs)?
A local educational agency is any public school district or non-profit private school.
2.
What is asbestos?
Asbestos is a mineral found in certain types of rock formations. When mined and processed, it takes
the form of very small fibers, usually invisible to the naked eye.
3.
What constitutes asbestos-containing material (ACM)?
ACM is any material containing more than 1% asbestos.
4.
Is it dangerous to have asbestos-containing material in a school?
Undamaged asbestos that is properly managed in place poses little health risk to students or teachers.
However, it is important that the school designated authorities regularly inspect asbestos-containing
materials. Asbestos can pose a hazard when it is disturbed and becomes airborne and, therefore,
breathable.
5.
Is the AHERA Asbestos in Schools Rule mandatory?
LEAs that fail to comply with existing regulatory requirements are subject to enforcement action. The
rule is enforceable by law, and LEAs may be subject to monetary penalties if they are not in
compliance with its requirements.
6.
What is an asbestos management plan?
An asbestos management plan provides documentation of the recommended asbestos response
actions, the location of asbestos within the school, and any action taken to repair or remove the
material. This plan must be updated with information collected during periodic surveillance every 6
months, re-inspections every 3 years, and every time a response action is taken within the school.
Also, records of annual notifications to parents, teachers, and staff must be included.
7.
What are the responsibilities of the LEA designated person?
The designated person serves as the single point of contact for public information about asbestos-
related activities. This person must ensure that initial inspections, re-inspections, and semi-annual
surveillance activities are conducted properly by qualified personnel. They must make sure the results
of the inspections are in the management plan and that custodial and maintenance workers receive
required safety training. They are responsible for informing all teacher, parent, and employee
organizations yearly about asbestos activities in each school.
Additional Resources and Information
Asbestos in Schools Rule, http://frwebgate.access.gpo.gov/cgi-bin/get-
cfr.cgi?YEAR=current&TITLE=40&PART=763&SECTION=&SUBPART=E&TYPE=TEXT
EPA asbestos website, http://www.epa.gov/asbestos/pubs/schools.html
The Asbestos Hazard Emergency Response Act (AHERA), 15 U.S.C. §§ 2641-2656,
http://www.access.gpo.gov/uscode/title15/chapter53_subchapterii_.html
The Florida Department of Education, Office of Educational Facilities, http://www.firn.edu/doe/edfacil/
The Florida Department of Education, Office of Independent Education and Parental Choice,
http://www.floridaschoolchoice.org
For questions and information on charter schools, contact Karen Hines-Henry at 850-245-0502 or
karen.hines@fldoe.org
