If you’re wondering why we would be writing about asbestos in 2026, so are we! Most school administrators know there’s some requirement about asbestos out there, and we get a few questions on it every year. The good news is that you’re all in this together. Whether you tried out or not, you made the AHERA team!
The Asbestos Hazard Emergency Response Act requires all public school districts and non-profit schools to find, track, and manage asbestos-containing building material (ACBM). Here is what you need to know.
Scout the opponent: inspections
Every building you own, lease, or use as a school must be inspected for friable and non-friable ACBM by an accredited inspector (40 C.F.R. § 763.85). Buildings in use before October 12, 1988 needed their inspection by that date. Buildings acquired since then must be inspected before use. For a building constructed after that date, a signed statement from the architect, project engineer, or an accredited inspector that no ACBM was used can replace the inspection (40 C.F.R. § 763.99). After that, all known or assumed ACBM must be reinspected at least every three years.
Write the playbook: your management plan
Your management plan must be kept current (40 C.F.R. § 763.93). It must include:
each building and its ACBM status
inspection and reinspection records
your designated person’s contact information and training
response-action recommendations and schedules
credentials for everyone who inspects, performs response actions, or helps write the plan
plans for surveillance and operations and maintenance
notices to the school community
the resources needed to carry it all out
Name a head coach
Designate one trained person to make sure all of this gets done (40 C.F.R. § 763.84). Their training must cover asbestos health effects, assessment, control options, and the relevant federal and state rules. In buildings with ACBM, conduct periodic surveillance at least every six months (40 C.F.R. § 763.92). At least once a year, notify parent, teacher, and employee organizations in writing that the plan is available and keep a dated copy of each notice in the plan.
Train special teams
Custodial and maintenance staff who may work in a building with ACBM need at least two hours of awareness training. Anyone whose work will disturb ACBM needs 14 more hours (40 C.F.R. § 763.92(a)). Only accredited professionals perform inspections and response actions.
Get the playbook pre-written
KSB School Law offers a ready-to-use AHERA asbestos management plan for a flat fee. Shoot us an email for pricing information or to purchase at ksb@ksbschoollaw.com.
P.S. Meet our newest draft pick!
If a friendly new voice answers when you call KSB, that’s Andrea Baxa, our new office administrator. Andrea comes to us with serious experience managing a starting lineup: Aubriana (20), who is studying special education (we’re already recruiting); Genevieve (18), a CNA headed to nursing school next semester; and Rhys (16), a Palmyra sophomore active in FCCLA. Her cat, Pierce, rounds out the roster. Andrea and her girls volunteer with the Kids and Dreams Foundation’s family camps and Operation Shine Camps, which serve kids and families affected by autism, Down syndrome, and similar conditions. In the offseason, she loves reading, music, and traveling whenever she gets the chance. She bleeds Husker red, but after eight years in North Carolina, she’s been known to cheer for a second team. We promise not to hold it against her. Give her a warm welcome next time you call!