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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Score: -96 (2/16/98)
Orange County Grand Jury • 2015-2016

Dealing with Asbestos in Orange County Public Schools

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Findings and Recommendations 12 findings

F1 Page 434
All but one of Orange County’s twenty-eight school districts have (encapsulated) asbestos present at one or more its schools.
Related Recommendations (2)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R6
Page 436
Each school district should within nine months of the publication of this Grand Jury report create a plan, identifying funding sources, to remove all asbestos from schools and other facilities in their district within twenty years or sooner and report progress on this plan annually at its board meetings. If the removal of asbestos would include removal of other hazardous materials as part of the same effort, the plan should describe this. (F1, F2, F10) REPORT 10 Dealing with Asbestos in Orange County Public Schools 2015-2016 Orange County Grand Jury
F2 Page 434
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.
Related Recommendations (2)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R6
Page 436
Each school district should within nine months of the publication of this Grand Jury report create a plan, identifying funding sources, to remove all asbestos from schools and other facilities in their district within twenty years or sooner and report progress on this plan annually at its board meetings. If the removal of asbestos would include removal of other hazardous materials as part of the same effort, the plan should describe this. (F1, F2, F10) REPORT 10 Dealing with Asbestos in Orange County Public Schools 2015-2016 Orange County Grand Jury
F3 Page 434
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.
Related Recommendations (2)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R8
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to make available at the main office of each school in its district the AHERA reports applicable to that school. (F3, F6)
F4 Page 434
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.
Related Recommendations (2)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R9
Page 437
Each district should within nine months of the publication of this Grand Jury report appoint an EPA-defined “Designated Person” at each school, and provide the EPA-required training for those persons. (F4, F6)
F5 Page 434
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.
Related Recommendations (2)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R10
Page 437
Each district should within nine months of the publication of this Grand Jury report identify the hazardous materials training requirements for management, facilities (including maintenance contractors if they are used), and administrative personnel, and teaching staff in its district. Each district should maintain records on the training provided, including content, to whom it was provided, when it was provided, who provided it, qualifications of trainer(s). (F5)
F6 Page 434
Orange County public schools are subject to very infrequent EPA inspections for AHERA compliance.
Related Recommendations (4)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R7
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to budget for and perform AHERA inspections every three years. (F6)
R8
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to make available at the main office of each school in its district the AHERA reports applicable to that school. (F3, F6)
R9
Page 437
Each district should within nine months of the publication of this Grand Jury report appoint an EPA-defined “Designated Person” at each school, and provide the EPA-required training for those persons. (F4, F6)
F7 Page 434
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 Note that the Findings below often make general assertions about Orange County school districts. Each District should respond to these general findings only as each Finding applies to their district and not speculate as to the applicability of the Finding to other districts. REPORT 10 Dealing with Asbestos in Orange County Public Schools 2015-2016 Orange County Grand Jury that implement generally recognized best practices for dealing with hazardous materials. Such written best practices include: a. Performing all work at schools that deals with, or potentially deals with, hazardous materials at times when students and staff are not present, b. Controlling the scope of construction/modernization/major repairs undertaken in any one year to remain within the district’s ability to manage the efforts, c. Separately contracting for hazardous materials inspection, abatement, and construction work once hazardous materials are abated, d. Including clear schedule performance requirements in every contract, e. Defining intermediate schedule milestones for all construction-related 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.
Related Recommendations (6)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R11
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to schedule and complete any work involving hazardous materials for days when students and staff are not present in the affected areas. (F7)
R12
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements for district schools to contract separately for hazardous materials inspections, remediation/abatement of those materials, and the actual construction in areas requiring remediation . (F7)
R13
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements for district schools to include schedule performance requirements in every contract for repairs, modernization, and/or new construction. Intermediate schedule milestones should be defined in every contract for all work anticipated to take longer than one month to complete. (F7)
R14
Page 437
Each district should within nine months of the publication of this Grand Jury report document and implement requirements for district schools to monitor contractor schedule performance. Such monitoring should be via personal staff walk-throughs of work in progress. Procedure should require every contractor to report monthly on that contractor’s performance in meeting schedule milestones and report on the current estimated date of completion of all work. (F7) REPORT 10 Dealing with Asbestos in Orange County Public Schools 2015-2016 Orange County Grand Jury
R16
Page 438
Each district should within nine months of the publication of this Grand Jury report share all site specific AHERA inspection data with all prospective bidders on repair, modernization, and/or new construction at that site. (F7)
F8 Page 435
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.
Related Recommendations (3)
R1
Page 436
Each school district should request the Orange County Department of Education to devote, in the year following publication of this Grand Jury report, one or more of its monthly “all districts” meetings to discussion and advice on handling hazardous materials. Representatives from each school district should participate in these meetings, and discussions should cover, AHERA compliance, resources available for in-depth AHERA training, and contract management. (F1, F2, F3, F4, F5, F6, F7, F8)
R19
Page 438
Each district should within nine months of the publication of this Grand Jury report prepare written procedures for district charter schools clearly defining roles and responsibilities for facilities maintenance including the handling of hazardous materials. The procedures should address how district charter schools will pay for, achieve, and maintain AHERA compliance (e.g., AHERA inspections, identification and training of AHERA Designated Person(s), and availability of AHERA reports), (F8)
R20
Page 438
Each district should within nine months of the publication of this Grand Jury report prepare and implement written procedures defining roles and responsibilities for contracting for and monitoring performance of all construction activities at district charter schools. (F8)
F9 Page 435
Many school districts rely on paper documents for recording key information such as facilities data, facilities construction and repair plans, and AHERA reports.
Related Recommendations (5)
R3
Page 436
Each school district should within nine months of the publication of this Grand Jury report create and have a process in place to use and keep up-to-date their web site communications with parents and stakeholders of that district. (F9, F10, F11)
R4
Page 436
Each school district should develop and maintain a computerized database listing all district buildings and structures and post that information on its web site. The database should contain the following for each building: date and types of construction, dates and costs of major repairs and modernization, numbers and sizes of classrooms, lists of other facilities including offices, lounges, gyms, cafeterias, laboratories, computers and other data processing equipment, and playground equipment. (F9, F10)
R5
Page 436
Each school district should within nine months of the publication of this Grand Jury report create a comprehensive baseline plan for school facilities construction including new construction, retirement of schools or buildings at schools, modernization, hazardous materials abatement, and major repairs. Each effort should include estimated cost, planned funding source and status, and schedule for start and completion of work. This plan should be updated annually and posted on the district’s web site. (F9, F10)
R17
Page 438
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to maintain all current AHERA reports electronically with a backup at one remote location, and not rely exclusively on paper copies. (F9, F10)
R18
Page 438
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to make its AHERA reports available on that district’s web site. (F9)
F10 Page 435
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.
Related Recommendations (7)
R2
Page 436
Each school district should within nine months of the publication of this Grand Jury report develop and document a communications plan for parents and other stakeholders and post the plan on its web site. The plan should identify what information will be provided and by what means this communication will be accomplished. The plan should address how issues relating to hazardous materials will be communicated, and in what languages, to ensure effective communication. (F10, F11, F12)
R3
Page 436
Each school district should within nine months of the publication of this Grand Jury report create and have a process in place to use and keep up-to-date their web site communications with parents and stakeholders of that district. (F9, F10, F11)
R4
Page 436
Each school district should develop and maintain a computerized database listing all district buildings and structures and post that information on its web site. The database should contain the following for each building: date and types of construction, dates and costs of major repairs and modernization, numbers and sizes of classrooms, lists of other facilities including offices, lounges, gyms, cafeterias, laboratories, computers and other data processing equipment, and playground equipment. (F9, F10)
R5
Page 436
Each school district should within nine months of the publication of this Grand Jury report create a comprehensive baseline plan for school facilities construction including new construction, retirement of schools or buildings at schools, modernization, hazardous materials abatement, and major repairs. Each effort should include estimated cost, planned funding source and status, and schedule for start and completion of work. This plan should be updated annually and posted on the district’s web site. (F9, F10)
R6
Page 436
Each school district should within nine months of the publication of this Grand Jury report create a plan, identifying funding sources, to remove all asbestos from schools and other facilities in their district within twenty years or sooner and report progress on this plan annually at its board meetings. If the removal of asbestos would include removal of other hazardous materials as part of the same effort, the plan should describe this. (F1, F2, F10) REPORT 10 Dealing with Asbestos in Orange County Public Schools 2015-2016 Orange County Grand Jury
R15
Page 438
Each district with current plans for modernization and/or major repairs to school facilities which lack schedules for completion, which lack cost estimates, and/or which fail to identify funding sources should within nine months of the publication of this Grand Jury report update its plans to include these data. (F10)
R17
Page 438
Each district should within nine months of the publication of this Grand Jury report document and implement requirements to maintain all current AHERA reports electronically with a backup at one remote location, and not rely exclusively on paper copies. (F9, F10)
F11 Page 435
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.
Related Recommendations (2)
R2
Page 436
Each school district should within nine months of the publication of this Grand Jury report develop and document a communications plan for parents and other stakeholders and post the plan on its web site. The plan should identify what information will be provided and by what means this communication will be accomplished. The plan should address how issues relating to hazardous materials will be communicated, and in what languages, to ensure effective communication. (F10, F11, F12)
R3
Page 436
Each school district should within nine months of the publication of this Grand Jury report create and have a process in place to use and keep up-to-date their web site communications with parents and stakeholders of that district. (F9, F10, F11)
F12 Page 435
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.
Related Recommendations (1)
R2
Page 436
Each school district should within nine months of the publication of this Grand Jury report develop and document a communications plan for parents and other stakeholders and post the plan on its web site. The plan should identify what information will be provided and by what means this communication will be accomplished. The plan should address how issues relating to hazardous materials will be communicated, and in what languages, to ensure effective communication. (F10, F11, F12)

Agency Responses 19

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.