BILL NUMBER: SB 892	CHAPTERED
	BILL TEXT

	CHAPTER  909
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE SENATE  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  AUGUST 18, 2003
	AMENDED IN ASSEMBLY  JULY 3, 2003
	AMENDED IN SENATE  JUNE 4, 2003
	AMENDED IN SENATE  MAY 14, 2003
	AMENDED IN SENATE  APRIL 21, 2003
	AMENDED IN SENATE  APRIL 7, 2003

INTRODUCED BY   Senator Murray
   (Coauthors:  Senators Kuehl, Romero, Soto, and Vincent)
   (Coauthors:  Assembly Members Diaz, Koretz, Lieber, Longville,
Nunez, and Yee)

                        FEBRUARY 21, 2003

   An act to add Section 35292.5 to the Education Code, relating to
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 892, Murray.   School restrooms.
   Existing law exempts public and private schools from provisions
relating to the sufficiency of public facility restrooms, and
provides for the maintenance and repair of public school facilities
by school districts.
   This bill would, with certain exceptions, require every public and
private school to have restroom facilities that are open as
prescribed during school hours, and at all times to keep every
restroom maintained and cleaned regularly, fully operational, and
stocked with soap and paper supplies.
   This bill would make a school district ineligible for prescribed
state school facilities deferred maintenance matching funding if,
after a 30-day notice period and a reasonable opportunity to cure the
violation, a public school it operates remains in violation of this
bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 35292.5 is added to the Education Code, to
read:
   35292.5.  (a) Every public and private school maintaining any
combination of classes from kindergarten to grade 12, inclusive,
shall comply with all of the following:
   (1) Every restroom shall at all times be maintained and cleaned
regularly, fully operational and stocked at all times with toilet
paper, soap, and paper towels or functional hand dryers.
   (2) The school shall keep all restrooms open during school hours
when pupils are not in classes, and shall keep a sufficient number of
restrooms open during school hours when pupils are in classes.
   (b) Notwithstanding subdivision (a), a school may temporarily
close any restroom as necessary for pupil safety or as necessary to
repair the facility.
   (c) Any school district that operates a public school that is in
violation of this section as determined by the State Allocation
Board, is ineligible for state deferred maintenance fund matching
apportionments pursuant to Section 17584 if the school district has
not corrected the violation within 30 days after receipt of a written
notice of the violation from the board.  Prior to determining that
the school district is ineligible, the board shall provide the school
district with a reasonable opportunity to cure the violation.  The
board shall notify the Superintendent of Public Instruction regarding
a school district found to be in violation of this section.  The
Superintendent of Public Instruction shall notify the Controller to
withhold apportionments otherwise due the school district under
Section 17584.
  SEC. 2.  It is the intent of the Legislature that a school employee
who performs maintenance or repair functions related to restroom
facilities that are subject to Section 35292.5 of the Education Code
not be subject to discipline if the employee performs his or her
responsibilities as required by his or her employer.
  SEC. 3.  The Legislature finds and declares that, as regards public
schools, a principal purpose of this act is to clarify the
preexisting requirements of Section 17576 of the Education Code by
specifying the minimum requirements necessary to provide sufficient
patent flush water closets for the use of pupils in a manner that is
consistent with those requirements that apply to other public and
private persons or agencies pursuant to Section 118505 of the Health
and Safety Code.  Because the local mandate established pursuant to
Section 17576, which was enacted on January 1, 1948, was enacted
prior to January 1, 1975, no reimbursement is required under this act
pursuant to Section 6 of Article XIII B of the California
Constitution.