Families seek damages over ‘dangerous’ asbestos at 3 closed Ocean View, California schools
January 22, 2015
Damages are being sought by the families of some students who attended three elementary schools in the Ocean View School District that are temporarily shut because of asbestos concerns that arose late last year.
A claim filed with Ocean View on Dec. 19 alleges that the district, its elected leaders, various officials and contractors failed to protect students from “hazardous and unsafe” conditions at Hope View, Lake View and Oak View elementary schools between July and October. A claim is the first step in a process that could lead to a lawsuit.
The three Huntington Beach schools were closed indefinitely in October after asbestos was discovered during a modernization project at 11 campuses that began in July. The resulting asbestos cleanup process displaced more than 1,600 students, who are being bused to eight other campuses in four school districts. It also caused the district to spend unplanned millions for cleanup and related costs.
The claim alleges that students at the three schools inhaled “dangerous quantities of toxic asbestos fibers” due to negligent actions of the district and its contractors. Exposure to asbestos, the claim says, caused emotional distress for students, whose names the school district redacted from the filing. It was unclear how many students the claim represents.
The filing seeks an unspecified amount for past and future medical costs.
Attorneys for the school district and the families could not immediately be reached for comment Wednesday.
Asbestos that hasn’t been disturbed isn’t harmful to people, but it can become a hazard when the dust becomes airborne. Inhaling high levels of asbestos over a long period can cause cancer and other lung disease, experts say.
In October, asbestos was not detected in independent surface tests in classrooms at Lake View Elementary, according to Mohsen Nazemi, deputy executive officer for engineering and compliance for the South Coast Air Quality Management District.
According to district documents, previous test results at Lake View showed airborne asbestos in two classrooms higher than levels set in the federal Asbestos Hazard Emergency Response Act, which regulates how much asbestos can be present in public buildings like schools.
At Hope View, a sample taken in one classroom contained a single asbestos fiber. No air samples taken at Oak View were above the legal threshold, according to district documents.
When the schools were built decades ago, asbestos was used as fireproofing on metal beams above the ceilings. Over time, asbestos dust began to fall from the beams and settle on classroom ceiling tiles, district records show.
Tests at eight other schools showed no significant level of asbestos in the air, the district said.
In August, the AQMD cited a contractor working at Mesa View Middle School in Huntington Beach, saying the contractor removed roofing tiles that contained asbestos without using proper safeguards.
