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:




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                 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.




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          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  




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               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  




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               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