Dealing with Asbestos in Orange County Public Schools*

All but one of Orange County's twenty-eight school districts have (encapsulated) asbestos present at one or more of its schools. Response: The District agrees with this finding only as it relates to the District. Over the years, the District has maintained AHERA reports relating to the condition and removal of asbestos at its Facilities, Maintenance & Operations office and at individual school sites.

Although current EPA standards provide that encapsulated asbestos does not present an immediate hazard to people who come near it, any physical disturbance and/or weathering which damages that encapsulation and releases asbestos fibers into the air will present an immediate hazard to anyone exposed to those fibers. Hence, broad-based awareness of where encapsulated asbestos is located is essential to avoid disturbing it such that it does become a threat to students and staff. Response: The District disagrees partially with this finding. Pursuant to AHERA regulations, the District is required to maintain records of where encapsulated asbestos is located. As required by law, these records are available for public review at the District's Facilities, Maintenance & Operations office, and at individual school sites. The District's facilities, maintenance and construction personnel are familiar with the contents of the AHERA reports and the location of where encapsulated asbestos is located. 005064.00020 14346931.2

Many school districts are not in full compliance with the AHERA regulatory requirement to have applicable AHERA reports available in the main offices of each school for public review. Response: Although this may be true, the District disagrees wholly with this finding only as it relates to the District. The District is not in a position to comment on the availability of applicable AHERA reports at other school districts within Orange County. The District is in compliance with AHERA requirements and provides copies of AHERA reports for public review at its Facilities, Maintenance & Operations office, and at individual school sites. The District also maintains copies of its AHERA 3-Year Management Plan reports online. (See: http://www.ovsd.org/pages/ovsd/Departments/Facilities_Maintenance_amp_/AHERA_3- Year Management_Plan)

Many school districts are not in full compliance with the AHERA regulatory requirement to identify at each school in their district a "Designated Person" and to train each Designated Person to EPA-defined standards. Response: The District partially disagrees with this finding. The District is not in a position to comment on whether other school districts within Orange County have identified and trained a "Designated Person". The District has designated and trained a "Designated Person" who is responsible for asbestos-related activities at the District's campuses. Please note that the AHERA regulations do not require a Designated Person at each school within the District, which this finding suggests.

Although nearly all school districts train their facilities and maintenance staff on hazardous materials management, many fail to provide hazardous materials training to their teaching and administrative staff. Response: The District partially disagrees with this finding. The District is not in a position to comment on whether other school districts within Orange County train their teaching and administrative staff on hazardous materials management. The AHERA regulations do not require that teaching and administrative staff be provided with hazardous materials training, therefore, the basis for this finding goes beyond current statutory requirements.

Orange County public schools are subject to very infrequent EPA inspections for AHERA compliance. Response: The District partially disagrees with this finding. The District is not in a position to comment on the frequency at which other school districts within Orange County are inspected by the EPA for AHERA compliance. The District does not control the frequency at which EPA inspections are conducted nor can the District make an assessment as to whether the inspections occur "infrequently" as that term is vague and ambiguous. 005064.00020 14346931.2

Inadequately managed construction efforts at more than one Orange County public school have led to expensive and disruptive hazardous materials events. Many Orange County school districts lack one or more documented requirements for contracting for construction that implement generally recognized best practices for dealing with hazardous materials. Such written best practices include: Performing all work at schools that deals with, or potentially deals with, a. hazardous materials at times when students and staff are not present, repairs the scope of construction/modernization/major Controlling b. undertaken in any one year to remain within the district's ability to manage the efforts, Separately contracting for hazardous materials inspection, abatement, and c. construction work once hazardous materials are abated, Including clear schedule performance requirements in every contract, d. Defining intermediate schedule milestones for all construction-related work e. that is expected to take over one month to complete, and Requiring monitoring by district senior staff of progress on construction work f. via personal walkthroughs of the work in progress. Response: The District partially disagrees with this finding. The District utilizes generally recognized best practices in District construction projects when addressing hazardous materials, as applicable to each specific project. However, because every construction project is unique, the District must have the flexibility to execute its projects without a rigid set of abstract requirements that may be inapplicable to certain projects. In all cases, the District manages its construction projects involving hazardous materials in accordance with state and federal law.

Many school districts with public charter schools approved and financed by their district, lack, and have not provided their charter schools with, written definitions of the respective roles and responsibilities of the district and the charter school in dealing with hazardous materials and with AHERA regulatory compliance. Response: The District disagrees wholly with this finding only as it relates to the District. The District is not in a position to comment on whether other school districts within Orange County have provided their charter schools with written definitions of the respective roles and responsibilities of the district and the charter school in dealing with hazardous materials and with AHERA regulatory compliance. There are currently no charter schools within the District.

Many school districts rely on paper documents for recording key information such as facilities data, facilities construction and repair plans, and AHERA reports. Response: The District disagrees wholly with this finding only as it relates to the District. The District is not in a position to comment on whether other school districts within Orange County rely on paper documents for recording key information such as facilities data, facilities 005064.00020 14346931.2 construction and repair plans, and AHERA reports. To the extent possible, District currently scans and stores electronic copies of its facilities data, facilities construction and repair plans, and AHERA reports. Notwithstanding the above, current state and federal law does not require that the District record facilities data, facilities construction and repair plans, and AHERA reports electronically. Therefore, the basis for this finding goes beyond current statutory requirements.

Some school districts have no documented facilities plans, and many districts that have plans lack key information in their plans such as estimated costs, funding sources, and schedules for work initiation and completion. Response: The District disagrees wholly with this finding only as it relates to the District. The District is not in a position to comment on whether other school districts within Orange County have a documented facilities plan. The District's current master facilities plan contains information about estimated costs, funding sources, and schedules for work initiation and The District's master facilities plan is available online at: https://ovsd- completion. fmp.org/index.html

Many school districts fail to post key safety-related information on their web sites such as upcoming activities at school facilities involving the abatement of hazardous materials. Response: The District disagrees wholly with this finding only as it relates to the District. The District is not in a position to comment on whether other school districts within Orange County fail to post key safety-related information on their websites such as upcoming activities at school facilities involving the abatement of hazardous materials. Whenever the District undertakes any project that involves the abatement of hazardous materials, the District takes all necessary steps to ensure the safety of students and staff members. If the specific project requires that safety-related information be relayed to students and staff members, the District takes all reasonable steps to ensure that such information reaches students and staff members, including the posting of warning signs to separate students and staff from the abatement, if applicable. In most cases, any work involving the abatement of hazardous materials is performed in completely separate buildings that are unoccupied. Notwithstanding the above, current law does not require that the District post safety-related information on its web site. Therefore, the basis for this finding goes beyond current statutory requirements.

Despite the fact that all Orange County school districts serve highly language-diverse communities, several districts have no provision for communicating with their community in any language other than English. Response: The District disagrees partially with this finding only as it relates to the District. The District is not in a position to comment on whether other school districts within Orange County have a provision for communicating with their community in any language other than English. The District communicates with its community in the most efficient, economical and appropriate Moreover, in developing manner possible and in compliance with all applicable laws. communication strategies with the community, pursuant to Board Policy 1100, the District takes "into account the needs of all members of the public, including individuals with disabilities and those whose primary language is not English." 005064.00020 14346931.2 DISTRICT'S RESPONSE TO GRAND JURY'S RECOMMENDATIONS