BILL ANALYSIS Ó SB 316 Page 1 Date of Hearing: June 26, 2013 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair SB 316 (Block) - As Amended: May 28, 2013 SENATE VOTE : 39-0 SUBJECT : School safety: door locks SUMMARY : Requires, on or after January 1, 2016, all modernization projects submitted to the Division of State Architect (DSA) to include locks that allow doors to classrooms and any room with an occupancy of five or more persons to be locked from the inside. Specifically, this bill : 1)Specifies that the provisions in this bill apply only to a modernization project that is funded by the proceeds of a state education bond approved by voters on or after January 1, 2014. 2)Requires the State Allocation Board (SAB) to adopt regulations to adjust the modernization per-pupil grant allowance to reflect the associated cost of installing locks required pursuant to this bill. 3)Specifies that if federal funding becomes available for purposes of school safety, a school district shall do the following: a) Consider using these funds first to install locks that are lockable from the inside in every classroom and every room with an occupancy of five or more persons. b) Require the locks to conform to the specifications and requirements of Title 24 of the California Code of Regulations. c) Exempt doors that are locked from the outside at all times and pupil restrooms from the requirements. EXISTING LAW : 1)Requires, under the Leroy F. Greene School Facilities Act of 1998, the SAB to allocate to applicant school districts, SB 316 Page 2 prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. 2)Prohibits the SAB from apportioning funds to any school district unless the applicant school district has certified to the SAB that it has obtained the written approval of the California Department of Education (CDE) that the site selection, and the building plans and specifications, comply with the standards adopted by the CDE. 3)Prohibits the SAB from apportioning funds to any school district that has not received approval from the DSA that the project meets Field Act requirements. 4)Requires the DSA, under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building to ensure that plans and specifications comply with existing law and Title 24 regulations. 5)Requires, on and after July 1, 2011, all new construction projects submitted to the DSA to include locks that allow doors to classrooms and any room with an occupancy of five or more persons to be locked form the inside. Requires the locks to conform to the specifications and requirements set forth in Title 24 regulations. Exempts doors that are locked from the outside at all times and pupil restrooms from the requirement. FISCAL EFFECT : According to the Senate Appropriations Committee, potentially significant costs pressure to state bond funds. COMMENTS : AB 211 (Mendoza), Chapter 430, Statutes of 2010, requires, as a condition for state education bond funds, all new construction projects submitted to the DSA on and after July 1, 2011 to include locks that allow a door to be locked from the inside of a classroom or any room that accommodates five or more people. This bill extends the requirement to K-12 modernization projects submitted to the DSA on or after January 1, 2016 for projects that are funded by a 2014 or later bond. The bill further directs the SAB, the ten-member Board charged with administering the School Facility Program (SFP) and state education bond funds, to develop regulations to adjust the SB 316 Page 3 modernization pupil grant allowance to reflect the cost of the locks. Classroom security locks, which are locks that can be opened from the inside simply by turning a lever even when the door is locked, are estimated to cost $300 each and about $500 installed. Costs would be higher if a door needs to be replaced. Existing law requiring the locks to comply with Title 24 regulations and exempting doors that are locked from the outside at all times and student restrooms also apply to the modernization projects pursuant to this bill. AB 211 initially included modernization projects but was removed by the Assembly Appropriations Committee. Background . All proposed public school construction and modernization projects must receive approval from the DSA, which reviews architectural plans for compliance with the Field Act (seismic safety); fire, life and safety requirements; and access requirements under the Americans with Disability Act. DSA grants approvals based on the requirements specified by Title 24 regulations, also known as the California Building Standards Code. Eligibility for education bond funds for modernization/rehabilitation projects under the SFP is based on the age of a building. A permanent building is eligible for modernization funds if it is more than 25 years old and a portable classroom is eligible if it is more than 20 years old. Section 17074.25 of the Education Code specifies that modernization funds can be used for improvements to extend the useful life of, or to enhance the physical environment, of a school. Eligible expenditures include purchase and installation of air-conditioning equipment, and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology. Modernization grants require a 40% local match. Since the inception of the SFP in 1998, New Construction grants have received increases (on top of the annual construction cost index), while the modernization grants have only received the annual construction cost index. Local educational agencies have expressed concerns that the modernization grant levels are generally inadequate. SB 316 Page 4 The requirement to install and use a specified type of lock can be easily implemented in a new construction project as locks can be included in a design plan. It is more complicated for modernization projects. As noted above, a modernization project may simply be upgrading a roof, removing asbestos, or upgrading playground equipment. The bill requires all projects submitted to DSA to include locks. Presumably, this means only the locks in the particular building that is the subject of the DSA application would be required to install locks that can be locked from the inside. This bill also requires school districts to first consider using any available federal school safety funds to install locks that are lockable from the inside of every classroom and every room with an occupancy of five or more persons. Following the shooting at Sandy Hook Elementary School in Newtown, Connecticut in December 2012, the President, Congress, States, and school districts across the country have renewed their attention on school safety. President Obama has proposed a package of initiatives to improve school safety, including $150 million for the Comprehensive School Safety Program for school districts and law enforcement agencies to hire school resource officers, school psychologists, social workers, and counselors. The Comprehensive School Safety Grants can also be used to purchase school safety equipment, develop and update public safety plans, conduct threat assessments, and train "crisis intervention teams" of law enforcement officers to work with the mental health community to respond to and assist students in crisis. While each district should have discretion to determine the school safety measures that are best suited for its district, this bill does not require the use of the funds for locks. At a SAB subcommittee hearing on school safety, the CDE reported that infrastructure, which includes safe rooms and classroom locks, is only one component of school security. Other components include securing perimeters, controlling access (ingress and egress), appropriate school staffing, and clear communication, including communication systems. Arguments in support . The California Federation of Teachers, the sponsor of this bill, states, "Violent or potentially violent incidents on school campuses and in the immediate neighborhoods surrounding school campuses are increasing at an alarming rate. In these circumstances, school personnel employ lockdowns to temporarily confine students and staff in the SB 316 Page 5 schools and to keep perpetrators out of the schools. Lockdowns have proven an effective tool to facilitate the safety of pupils and staff. The locks in many school classrooms, offices, and other rooms where pupils and staff gather often can only be locked from the outside. As a result, the safety of school staff and pupils could be placed in jeopardy if school staff is required to open the door and enter a hallway in order to lock doors during a violent incident." Related legislation . AB 1076 (Olsen), specifies that if federal funding becomes available, the governing board of each school district and each county superintendent of schools may equip the interior of each classroom, cafeteria, theater, gym, and any other regularly used space, except a parking lot, in a public school serving pupils in kindergarten or any of grades 1 to 12, inclusive, with a panic button to be used to alert local law enforcement in the event of a violent incident. The bill was held in the Assembly Appropriations Committee suspense file this year. Prior legislation . AB 85 (Mendoza), introduced in 2012, requires all K-12 modernization projects and all community college district new construction projects that include rehabilitation in a classroom or a room with an occupancy of five or more to install locks that can be locked from the inside. The bill as held in the Assembly Appropriations Committee suspense file. AB 211 (Mendoza), Chapter 430, Statutes of 2010, requires, as a condition for state education bond funds, all new construction projects submitted to the DSA on and after July 1, 2011 to include locks that allow a door to be locked from the inside of a classroom or any room that accommodates five or more people. REGISTERED SUPPORT / OPPOSITION : Support California Federation of Teachers (sponsor) California Association of Joint Powers Authorities California Labor Federation California School Boards Association California School Employees Association California State PTA Los Angeles Unified School District SB 316 Page 6 Riverside County Superintendent of Schools Opposition None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087