The Management Plan Nobody Could Find
A parent requests the asbestos management plan for her child's elementary school. The principal says the plan is 'at the district office somewhere.' The district office produces a binder, but it contains: the 2018 inspection report, a 2019 re-inspection summary, and a 2021 O&M note. It lacks the required statement of the LEA's plan for re-inspection, the names and addresses of the inspector and the LEA-designated person, and the response-action descriptions for two gymnasium ceiling panels. The plan was never made available at the school. The parent asks what she is entitled to and whether the plan is compliant.
1. What access does the parent have under AHERA, and what must the LEA do to respond?
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Under 40 CFR 763.93(g), the LEA must make the management plan available at the school (and at the district office) for inspection by parents, teachers, and employee organizations during normal business hours. The LEA must notify parents and employees annually that the plan is available (763.93(g)(2)) and must provide a copy upon request; it may charge a reasonable copying fee. The parent is entitled to review the plan at the school and to receive a copy. The principal's 'at the district office somewhere' answer is not compliant - the plan should be at the school.
The LEA should: locate and produce the complete plan, provide a copy to the parent, and correct the notification and availability failures. If the plan is incomplete, the LEA must update it and re-notify. The inspector should document the deficiency and recommend corrective action.
2. Identify the specific content deficiencies in the binder and what the plan must contain.
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Deficiencies: (1) no statement of the LEA's plan for re-inspection (763.93(a)(1)); (2) missing names/addresses of the accredited inspector and the LEA-designated person responsible for the plan (763.93(a)(2)); (3) missing response-action descriptions for the gym ceiling panels (763.93(a)(3)); (4) no evidence of the required annual notification (763.93(g)(2)); (5) plan not available at the school (763.93(g)(1)).
A compliant plan must include: the inspection results and assessments; a description of response actions and the schedule for implementing them; the re-inspection plan (three-year cycle); names and addresses of the inspector and designated person; and a description of the O&M program, periodic surveillance, and training. The inspector should recommend the LEA update the plan to add the missing elements, verify all ACBM is assessed, and re-issue the annual notice. The 2021 O&M note is not a substitute for a re-inspection record.