An Administrator's Guide to California Private School Law

Chapter 17 – Construction

D. A SBESTOS H AZARD E MERGENCY R ESPONSE A CT OF 1986 (“AHERA”) All non-profit private schools are required to comply with the Asbestos Hazard Emergency Response Act of 1986 (“AHERA”) by developing, maintaining, and updating asbestos management plans for their campuses. 2296 AHERA requires that schools have all school buildings inspected for asbestos by an accredited, trained, and licensed inspector, and that schools re-inspect buildings that contain asbestos-containing building materials (“ACBM”) every three years. 2297 Schools must prepare and update an asbestos management plan (“AM Plan”) that contains the following information:  Name and address of each school building, identify if it contains ACBM, and if so what type of ACBM;  Copy of any ACBM building analysis and the name and address of the laboratory that sampled the materials;  Map showing the location of all ACBM on campus;  Date of original school inspection;  Plan for re-inspections (and all copies of re-inspection reports);  Description of any response action or preventative measures the school has taken to reduce asbestos;  Name of school individual who will ensure the school complies with AHERA requirements; and For any building acquired or constructed after 1988, schools must have completed the necessary inspections and have updated the AM Plan to include the new building before the school may use the building as a school building. 2299 Schools must have all buildings containing ACBM re- inspected every three years. 2300 Schools must take appropriate response actions to protect student and employee health and the environment. 2301 Schools must further implement operations, maintenance, and repair programs to address any friable ACBM present in school buildings. 2302 Schools must inform employees and parents about inspections, re-inspections, response actions, and periodic surveillance at least once each school year. 2303 Schools must also ensure custodial and maintenance employees receive appropriate asbestos-awareness training. 2304 Parents, teachers, and all members of the public have the right to inspect the school’s AM Plan, and schools must annually notify parent, teacher, and employee organizations in writing of the availability of the AM Plan for inspection. 2305 Schools must maintain an updated and complete copy of the AM Plan in its administrative office and must make the AM Plan available for inspection within 5 working days after receiving a request for inspection. 2306 Schools that fail to  Description of steps the school took to notify employees and students about inspections, re-inspections, response actions, and periodic surveillance. 2298

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