ADE Director's Communication Memo Form

Memo Number : COM-09-087

Date Created : 12/22/2008


Co-op Directors

Type of Memo: Informational
Response Required: No
Section:   Facilities and Transportation - Douglas Eaton, Director
Asbestos Hazard Emergency Response Act (AHERA)

Regulatory Authority:
Public Law 99-519

Contact Person:
Doug Eaton

Phone Number:
501 682-4261


On numerous occasions it has been requested of the Division to provide school districts with copies of the asbestos remediation plans. Be advised that the plans presently on file with the Division are the original plans and do not contain any of the required notifications, surveillance reports, or schedule response actions and inspections. The documents are the responsibility of the school district to keep on file in accordance with Public Law 99 519.

This memorandum is to remind school districts of the five areas of AHERA for which each district is responsible:
1. Annual notification: Section 763.84(C) states that local school districts are required to notify the employees, students, and parents each year about the inspection that was performed and the existence of the management plan developed as a result of that inspection. The groups must be informed of the location of the plan and made aware that it is available for public review. Personal letters, staff meetings, PTA meetings, and student handbooks are good means for accomplishing this requirement.
2. Six months surveillance: Section 763.92(b) states that local school districts must visually inspect the previously identified asbestos containing building materials (ACBM) every six months and record the condition or changing condition of the materials in the surveillance reports. The reports must be inserted into the management plan and be available for review.
3. Scheduled response actions: Section 763.91 requires school districts to implement the operations and maintenance program and conduct all of the scheduled abatement projects prescribed in the management plan. Assigned time deadlines were initially established for the actions and therefore the district should periodically review the local plan to make sure that the plans are current with the deadlines.
4. Re-inspections: Section 763.85 (b) states that Re-inspections will be conducted at least every three years after the management plan is in effect. Each local educational agency shall conduct a re-inspection of all friable and non-friable known or assumed ACBM in each building that the district leases, owns or otherwise uses as a school building. It further states that each inspection shall be made by an accredited inspector.
5. Employee training: Section 763.84 (b) states that all custodial employees working in buildings that contain ACBM must have at least a two hour awareness training course. Maintenance workers who may come in contact with ACBM during the course of regular maintenance duties must have an additional fourteen hours of training. This training must be provided for all new custodial and maintenance employees hired in a district within 60 days from the employment date.

School districts can access the cited references at;


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