BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: SB 316 AUTHOR: Block AMENDED: April 2, 2013 FISCAL COMM: Yes HEARING DATE: April 10, 2013 URGENCY: No CONSULTANT:Kathleen Chavira SUBJECT : Classroom Security Locks. SUMMARY This bill requires modernization projects submitted to the Division of the State Architect (DSA) under the State School Facility Program to include locks that allow classrooms and rooms with an occupancy of five persons or more to be locked from the inside as a condition for receipt of state bond funds beginning January 1, 2016, and requires that all districts and county offices equip every classroom and rooms with an occupancy of five persons or more with locks that meet this same requirement by January 1, 2017. BACKGROUND Current law provides, as a condition of receipt of state bond funds, that all new construction projects submitted to the DSA include locks that allow classrooms and rooms with an occupancy of five persons or more to be locked from the inside and that these locks conform to Title 24 California Code of Regulations specifications and requirements. Current law exempts doors locked from the outside at all times and pupil restrooms from these requirements. (Education Code §17075.50) Current law provides for a variety of grants and funding to support school districts in selecting from a variety of options to promote school safety. These options can include the addition of personnel, school safety infrastructure projects, training for school staff, instruction and curriculum for students, and cooperative agreements with local law enforcement and community groups. These include: SB 316 Page 2 The inclusion of hard-wired phone connections to a public telephone network in new or modernized classrooms, with the authorization to meet this requirement through the use of wireless technology. (EC § 17077.10) The required development of a comprehensive school safety plan relevant to the needs and resources of the particular school. (EC § 32280) The Carl Washington School Safety and Violence Prevention Act, which creates a grant program to fund, among other things, effective and accessible on-campus communication devices and other school safety infrastructure needs. (EC § 32228) The School Safety Violence Prevention Act which provides for competitive grants for school districts that demonstrate a collaborative and coordinated approach for implementing a comprehensive school safety and violence prevention strategy. (EC § 35294.10) The School Safety Consolidated Grant Program. (EC § 41510) ANALYSIS This bill : 1) Requires that all modernization projects submitted to the Division of the State Architect under the State School Facility Program include locks that allow classrooms and rooms with an occupancy of five persons or more to be locked from the inside as a condition for receipt of state education bond funds beginning January 1, 2016. 2) Requires county offices and school districts to equip every classroom and any room with an occupancy of five persons or more with locks that allow the doors to be locked from the inside no later than January 1, 2017. 3) Requires locks to conform to Title 24 California Code of Regulations specifications and requirements. SB 316 Page 3 4) Exempts doors locked from the outside at all times and pupil restrooms from these requirements. STAFF COMMENTS 1) Need for the bill . According to the author, the school shooting tragedies in Newtown, Connecticut and Taft, California require a rethinking of safety procedures, including additional protections against campus intruders. While current law requires interior locks on schools built after July 1 2011, and schools currently have the authority to retrofit their doors with such mechanisms (and some have), this bill will ensure that students and teachers across the state are equally protected from intruders, regardless of the age of their campus. 2) Related State Allocation Board subcommittee meeting . In March 2013, the State Allocation Board Program Review Subcommittee met to review physical safety on school campuses. Information was provided by both the California Emergency Management Agency and the California Department of Education (CDE). Among other things, the CDE noted that school infrastructure security measures can include safe rooms (classroom locks) communication systems, environmental design to deter criminal behavior, and consistent maintenance of school buildings. In addition, the California Emergency Management Agency (Cal EMA) reported that it provides emergency preparedness information and resources for schools throughout California, in partnership with the California Department of Education (CDE). In response to the Sandy Hook incident, Cal EMAdesigned a School Active Shooter seminar which brings together schools and local law enforcement, fire and emergency services to prepare for such an incident. Cal EMA reports that several of these seminars have already occurred and more are in the scheduling process. 3) Mandate/cost issues . Section one of this bill requires interior door locks on modernization projects submitted for funding under the School Facility Program (SFP) beginning in 2016, which suggests that these projects, like new construction projects, could SB 316 Page 4 be eligible for state bond funds to assist in meeting the costs of compliance. However, the second part of the bill requires every door in the district to be compliant with the bill's requirements by 2017, whether or not a school district is submitting a project to the SFP or is eligible for state bond funds (permanent buildings must be 25 years or older and relocatable classrooms must be 20 years or older in order to be eligible for modernization funding). According to the CDE, these locks can cost from $200-$300 each. According to the Los Angeles Unified School District (LAUSD), the cost of simply adding a lock to each of the 150,000 doors in the LAUSD which would be subject to the bill's requirements would result in mandated costs of approximately $67.5 million. According to the Division of the State Architect, to the extent the addition of a lock requires "alteration," a variety of Americans with Disabilities Act (ADA) compliance requirements could be triggered. These could vary from simply requiring more extensive alteration to a doorframe, to more extensive construction activity such as walkway and bathroom modifications, resulting in much more significant project costs. 4) One size fits all ? Current law provides for grants and funding for the development of safety plans by local educational agencies and grants school districts the flexibility to determine the most appropriate use of these funds for programs and strategies for promoting school safety on their respective campuses. Section 1 of the bill establishes parity between modernization and new construction requirements in the state School Facility Program and provides that state bond funds could be made available for these costs. However, Section 2 of this bill would mandate interior locks on all doors, ostensibly in the belief, that interior locks are the most important use of local funds for ensuring campus safety. Is it reasonable to assume that this is the best security measure for all school districts? How would safety needs and the resulting response vary by geographic area or district size? Are interior locks SB 316 Page 5 a better safety measure than fences, communication systems, or increased security personnel? Would interior door locks be appropriate in classrooms that have students with special needs or behavioral issues? Staff recommends the bill be amended to delete the requirement that all doors be equipped with interior locks (Section 2). 5) Conflicting legislation . Legislative counsel has noted a conflict between this bill and AB 1076 (Olson). AB 1076 requires the governing board of each school district and each county superintendent of schools to equip the interior of every classroom, cafeteria, theater, gym, and any other regularly used space, except a parking lot, in a public school serving pupils in any of grades K-12 with a panic button to be used to alert local law enforcement in the event of a violent incident, if federal funding becomes available for this purpose. AB 1076 was heard, amended to make its provisions permissive, and passed by the Assembly Education Committee on April 3, 2013, by a vote of 7-0. SUPPORT California Federation of Teachers California School Employees Association California State PTA OPPOSITION Coalition for Adequate School Housing County Schools Facilities Consortium Los Angeles Unified School District Riverside County School Superintendents Association Riverside County Superintendent of Schools