Faulty Inspections Lead to Concerns of Asbestos in New York City Public Schools

An audit reveals that the New York Department of Education has failed to inspect a large majority of New York City public schools for asbestos, a cancer-causing toxin.

This latest development in the asbestos in schools controversy once again brings to light how some government departments and agencies have failed to protect teachers, students and others from dangerous toxins hiding in ceilings, walls and floor tiles.

The audit, from New York City Comptroller Brad Lander, found that from 2021-2024 only 18% of all New York City public schools with asbestos-containing materials received the 3-year inspections required by the federal Asbestos Hazard Emergency Response Act (AHERA). Only 22% of the schools had the required 6-month inspections.

The inspections would ensure any known asbestos is not breaking apart or loosening, making it friable, which is when the mineral is most dangerous.

“When it comes to our kids, the City must adhere to the rules designed to protect them from known hazards—this is not optional,” said Lander, who is running for mayor of New York City.

“Yet DOE has stunningly failed to follow the minimum national standard for asbestos management for years.”

Auditors also found that the New York DOE’s failures to inspect city schools dates back to the 20th century. In every 3-year inspection cycle since 1997, the DOE failed to inspect most schools with known asbestos-containing materials.

 

What Is Asbestos?

Asbestos is a natural mineral that, when inhaled or swallowed, can cause cancer. Some of the cancers caused by asbestos include mesothelioma, lung cancer and ovarian cancer. Asbestos is the only known cause of mesothelioma, which is a rare and aggressive cancer that forms in the lining of the lungs or abdominal cavity.

During the 20th century, manufacturers prized asbestos for durability and fire-resistance. The mineral became a common ingredient in construction and insulation work. Houses, offices and other buildings – including schools – constructed during the 1950s, 1960s, 1970s and even 1980s had asbestos installed in walls, floors, ceilings and more.

Asbestos is not dangerous when sealed and kept intact. It becomes harmful when disturbed and broken apart. This can happen over time from age deterioration, weather conditions, or construction and renovation work.

When asbestos is disturbed, it can break into tiny fragments. These fragments are weightless fibers that float in the air.

People, such as those working in the area, can inhale or swallow the fibers, which then travel into the body, puncture tissue linings, and cause genetic mutations leading to cancer. The same can happen for anyone spending time in rooms or buildings with asbestos in the air.

Concerns with asbestos in old buildings – including schools – are from the presence of asbestos-containing materials (ACMs). These are any materials containing more than 1% asbestos. Examples include flooring, roofing, gaskets in heating, ventilation and air conditioning (HVAC) component parts, ceiling panels, ceiling tiles, plaster, duct-wrap insulation, and fireproofing equipment.

People most at risk of developing mesothelioma include anyone who works with or spends time near asbestos, such as construction workers, electricians, carpenters, military veterans, shipbuilders and more. People who work in schools, such as teachers and school administration, also are at-risk groups for asbestos cancers such as mesothelioma.

“No levels of exposure to airborne asbestos are considered safe,” the audit report reads, “and prolonged exposure to asbestos in childhood, in particular, is found to increase risks for related lung diseases and cancer, including mesothelioma.”

 

New York’s Failure to Inspect Public Schools

According to CBS New York’s report on the audit, the story traces back to the 1990s. In 1993, the city of New York found exposed asbestos in a significant number of public schools. This led to citywide school closings and eventually an agreement for the New York DEO to inspect approximately 1,400 school buildings every 3 years.

This latest audit reveals that, in raw numbers, the DEO did not hold up its end of the agreement for approximately 1,100 out of 1,400 schools.

According to the audit, the Brooklyn borough had only 13% of public schools inspected. In Queens, 16% of public schools were inspected. Staten Island had 21%, 20% had Manhattan, and Bronx had 25%. One public school in Brooklyn had not been inspected since 2008.

According to city officials, there’s no immediate risk to teachers, students and other school staff. They claim regular inspections performed by custodial staff check for loose or exposed asbestos, which is when the mineral is dangerous.

“We do perform testing and inspections throughout the year….we look forward to continuing these comprehensive efforts to keep schools free of asbestos,” the state’s Department of Education said in a statement, published by CBS New York.

 

Why These Inspections Are Important for Student and Teacher Safety

There’s no such thing as “too much” asbestos inspection. Even the custodial staff’s regular inspections may miss some risks, and completing the more thorough inspections every 6 months and 3 years likely will catch any concerns.

While asbestos in the New York City public schools is not dangerous yet, it can become dangerous at any point. A simple construction job in a school hallway, classroom, office or cafeteria could unseal asbestos and release sharp fibers into the air.

No amount of exposure is safe, and even one instance of swallowing or inhaling airborne asbestos fibers can lead to cancer. This presents a health concern for students, teachers, school administration, and even parents coming for meetings or school events.

“The presence of asbestos-containing materials alone does not automatically pose a public safety or health risk,” Lander said, according to CBS News. “It only takes one place where they have been leaking out to do harm to hundreds or thousands of kids and teachers and parents.”

Lander’s office issued recommendations to the DOE, including:

1. Improve the awareness and understanding of AHERA compliance for school officials and the DOE-designated person.
2. Develop comprehensive policies and procedures for asbestos management in schools.
3. Develop a plan to ensure the 6-month and 3-year inspections are completed as required.

There are several other recommendations. Read the full audit on the comptroller’s website.

“The Department of Education’s failure to comply with basic asbestos safety regulations for nearly four decades is a disgrace and a direct threat to the health of over one million students and staff,” said Shiv Soin, Co-Executive Director of TREEage, in the audit report.

 

Finding Asbestos in U.S. Schools

Asbestos in schools has been a problem for several years. The city of Philadelphia struggled with several school closings due to finding exposed asbestos. In 2018, the Philadelphia Inquirer published a series of articles exposing the shocking conditions of Philadelphia’s public schools.

Other school districts throughout the United States had similar issues, including in Chicago, Cedar Rapids, IA, Scranton, PA, and Abingdon, VA.

The presence of old asbestos in a building is called “legacy asbestos.” This refers to homes, schools, or offices with asbestos installed decades ago and not yet removed.

Approximately 90% of U.S. public schools were built prior to 1985. The history of asbestos – the prevalence of using asbestos in construction prior to 1980 – means many schools standing today were built when asbestos was at a peak of use.

School districts often do not have funding to renovate buildings and remove asbestos. This means schools are notorious for legacy asbestos.

Mesothelioma Guide is tracking the entire story of asbestos in schools across the United States. Follow along here.