Grove Gardet Garden Grove Unified School District Board of Education George West, Ed. D. President*

All but one of Orange County's twenty-eight school districts have (encapsulated) asbestos present at one or more its schools. The Garden Gove Unified School District has no personal knowledge of the conditions at other school districts in the county. Garden Grove Unified School District updates on an ongoing basis and keeps records in compliance with federal AHERA and EPA requirements on all its facilities, including whether its facilities have encapsulated asbestos. We have no knowledge of the status of facilities in other school districts and, therefore, cannot verify the accuracy of the Grand Jury's findings.

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. The Garden Grove Unified School District disagrees partially with this finding. Broad- based awareness of where encapsulated asbestos is located that in many cases may be in places where students, parents or members of the community may never be (e.g., boiler rooms) may lead to vandalism or other malicious mischief that could destroy the encapsulated materials, thereby putting school district facilities, employees and students Certainly, employees of the school district, and contractors performing at risk. demolition, construction or modernization, need to be aware of where asbestos is located but we disagree that members of the public need to know as this may create safety and security concerns. Garden Grove Unified School District agrees that encapsulated asbestos does not pose a health hazard to the public, and current regulatory standards do not call for its removal. A large disturbance would be required to create a possible health hazard.

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. The Garden Grove Unified School District has no personal knowledge of the conditions at other school districts in the county. Garden Grove Unified School District is in compliance with AHERA regulations. Our AHERA report is available for public review at our district office and at each of our schools in compliance with AHERA regulations, 40 C.F.R. section 763.80 et seq.

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. The Garden Grove Unified School District has no personal knowledge of the conditions at other school districts in the county. Our school district is in compliance with AHERA regulations and has a designated and trained person at the district level cognizant of the conditions at each school site who is also responsible for maintaining and implementing the District's plan for managing asbestos containing materials in District school buildings. The AHERA regulations do not require a trained designated person at each school site. 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. The Garden Grove Unified School District disagrees with this finding. Garden Grove Unified School District has trained maintenance staff and other staff as mandated by AHERA regulations to recognize the hazards of asbestos and the District's plan for managing asbestos containing materials in District school buildings. Orange County public schools are subject to very infrequent EPA inspections for

AHERA compliance. The Garden Grove Unified School District disagrees with this finding. We do not control the frequency of EPA inspections nor can we make an assessment as to whether inspections are frequent or infrequent. The District is nevertheless in full compliance with current federal AHERA and EPA requirements. 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 a. with, hazardous materials at times when students and staff are not present, Controlling the scope of construction/modernization/major repairs b. undertaken in any one year to remain within the district's ability to manage the efforts, Separately contracting for hazardous materials inspection, abatement, c. and construction work once hazardous materials are abated, d. Including clear schedule performance requirements in every contract, Defining intermediate schedule milestones for all construction-related e. work that is expected to take over one month to complete, and f. Requiring monitoring by district senior staff of progress on construction work via personal walkthroughs of the work in progress. The Garden Grove Unified School District disagrees wholly with this finding. The Garden Grove Unified School District manages its construction projects in accordance with federal and state laws and regulations and utilizes best practices. We are unaware of processes at other districts.

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, 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. The Garden Grove Unified School District disagrees wholly with this finding. Under state law, it is the responsibility of the independently run charter schools to manage their facilities and comply with AHERA regulations. The Grand Jury's finding is inconsistent with state charter school law.

Many school districts rely on paper documents for recording key information such as facilities data, facilities construction and repair plans, and AHERA reports. The Garden Grove Unified School District disagrees wholly with this finding. The Garden Grove Unified School District complies with AHERA regulations which require the maintenance of paper records. The Grand Jury's finding is inconsistent with federal law and AHERA regulations.

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. The Garden Grove Unified School District disagrees wholly with this finding. The finding is vague as to the types of plans, information, costs, funding sources, and schedules that are referred to. The Garden Grove Unified School District maintains plans and important information in various forms depending on the nature of the project that is being considered. The Grand Jury's "one size fits all" approach without considering the nature, timing of project implementation, and size of the individual project is impractical, unreasonable, wasteful, and not required by law. Nevertheless, for all demolition, construction, and modernization projects in Garden Grove Unified School District, the District determines the estimated costs, funding sources, and schedules for work initiation and completion for all projects.

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. The Garden Grove Unified School District disagrees wholly with this finding. Posting safety-related information on the school district's website as suggested by this finding may increase safety and security issues. Safety-related information is available at the District office. The District calendars its demolition, construction, and modernization projects that may disturb existing encapsulated asbestos at times when they will not interfere with or physically interact with ongoing school activities,

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. The Garden Grove Unified School District disagrees wholly with this finding. The Garden Grove Unified School District complies with state law regarding the translation of documents provided to parents.