The U.S. Environmental Protection Agency (EPA) has taken decisive action to address hazardous conditions in three Ohio schools managed by Accel Schools Ohio LLC. Youngstown Academy of Excellence, Niles Preparatory Academy, and STEAM Academy of Warren have been ordered to implement extensive measures to eliminate asbestos and lead paint hazards that pose significant health risks to students and staff.
The intervention follows complaints received by the Ohio Environmental Protection Agency in March 2024 about asbestos at Youngstown Academy of Excellence. An initial visual inspection by state authorities confirmed the presence of deteriorating asbestos. Subsequent inspections by the EPA at the three schools uncovered additional issues, including the absence of mandatory asbestos management plans and potential lead paint hazards. These findings led to the issuing of an order under the EPA’s Resource Conservation and Recovery Act.
Under the EPA’s directive, Accel Schools must:
Debra Shore, EPA Regional Administrator, emphasized the importance of this order, stating, “EPA is holding Accel accountable to protect students and staff from asbestos and lead exposure. Children deserve healthy school environments where they can focus on learning.”
Asbestos and lead paint pose serious health risks, particularly to children. Asbestos exposure can severely impact a child’s health, damaging the brain and nervous system, hindering growth and development, and causing learning and behavior problems. The harm from childhood asbestos exposure can be enduring, even if immediate symptoms are not apparent. Even low levels of lead can irreversibly damage brain development, particularly in children under six years old. Common sources of lead poisoning include lead-based paint and lead-contaminated dust in older buildings. Lead poisoning in children can lead to mental and physical developmental delays, and at very high levels, it can be fatal.
The EPA is coordinating with local health officials to provide resources for affected families, including free blood lead testing events like the one recently held in Youngstown. Parents are advised to consult their healthcare providers for further testing and information.
On June 13, the EPA issued a notice of violation to Accel under the Toxic Substances Control Act (TSCA). The EPA has also subpoenaed Accel’s records concerning compliance with the Asbestos Hazard Emergency Response Act (AHERA) and lead-based paint regulations. AHERA requires schools to inspect for asbestos, develop management plans, and inform parents about potential hazards.
Accel Schools, operating 77 charter schools primarily in Ohio and 15 online schools nationwide, now faces strict deadlines to complete inspections and abatement before the new school year. They must also report on these conditions for five years following the abatement.
This case highlights ongoing issues with environmental safety in schools, particularly in older buildings where asbestos and lead paint are more prevalent. The EPA’s stringent action against Accel Schools reminds us of educational institutions’ legal obligations to ensure safe learning environments.
Previously, under Chevron deference, courts deferred to the EPA’s interpretation of environmental laws. Now, with a narrower view of agency discretion, courts may scrutinize EPA regulations more closely. The ruling emphasizes judicial review, potentially affecting how schools handle hazardous materials and comply with federal regulations.
