BILL ANALYSIS �
AB 85
Page 1
Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 85 (Mendoza) - As Amended: April 7, 2011
SUBJECT : School facilities: security locks.
SUMMARY : Requires specified K-12 and California Community
College (CCC) district facilities to have door locks that allow
doors to be locked from the inside. Specifically, this bill :
1)Requires, on and after July 1, 2012, all K-12 district
modernization projects submitted to the Division of the State
Architect (DSA) that include rehabilitation in a classroom or
a room with an occupancy of five or more persons to include
the installation of locks that allow the doors to the
classroom or room to be locked from the inside.
2)Requires, on after July 1, 2012, all plans for the
construction or alteration of any CCC facilities submitted to
the Department of General Services (DGS) to include locks that
allow doors to classrooms and any room with any occupancy of
five or more persons to be locked from the inside.
3)Requires the locks conform to Title 24 of the California Code
of Regulations.
4)Provides that doors that are locked from the outside at all
times and student restrooms are exempt from the aforementioned
requirements.
EXISTING LAW requires for K-12 districts, 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
occupancy of five or more persons to be locked from the inside.
FISCAL EFFECT : Unknown
COMMENTS : Double-referral : This bill was heard and approved
by the Assembly Education Committee on March 30, 2011. The
Assembly Education Committee reviewed this proposal as it
relates to K-12 districts; this analysis will focus on the
implications for CCC districts.
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Background : Existing law requires CCC facilities to be built in
compliance with specified earthquake safety standards, commonly
known as the "Field Act". Among other provisions, the Field Act
requires DGS/DSA to review the construction plans for CCC
facilities with an estimated cost exceeding $25,000 and requires
the CCC district to hire onsite construction inspectors to
ensure compliance with structural safety standards. DGS
approvals are granted based on the requirements specified by
Title 24 regulations, also known as the California Building
Standards Code. Title 24 regulations prohibits manually
operated flush bolts or surface bolts on all egress doors except
doors in residential dwellings and doors for storage or
equipment rooms. In addition, the California Fire Code
specifies that "exit doors shall be openable from the inside
without the use of a key or any special knowledge or effort.
Exit doors shall not be locked, chained, bolted, barred, latched
or otherwise rendered unusable. All locking devices shall be of
an approved type." These provisions ensure that occupants are
easily able to exit a building or classroom in a panic
situation, such as a fire or earthquake. Committee staff is
unaware of any data to indicate the extent existing campuses
already have inside locks.
Purpose of this bill : According to the author, violent or
potentially violent incidents on school campuses and in the
immediate neighborhoods surrounding school campuses are
increasing at an alarming rate. Since 1999, when two high
school students killed 12 students and a teacher and wounded 23
others before committing suicide at Columbine High School in
Colorado, school safety has been a major concern in schools
across the country. In such situations, schools will employ
lock downs to keep students in and perpetrators out. However,
if teachers and other school staff do not have the capability to
lock the outside doors from the inside, there could be a delay
in time which could increase exposure to harmful situations.
The California Teachers Association and other supporters argue
that the ability to lock a classroom from the inside increases
the safety of students and school personnel.
Scope of requirement : While the requirement to use specified
lock types might be easily implemented in new construction as
locks are typically included in a design plan it is more
complicated for alteration projects. As drafted, this bill
would apply to all CCC construction or alteration plans under
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the Field Act, whether or not the alteration includes
rehabilitation in the classroom. The Committee may wish to
consider whether it is appropriate to require changing the door
locks when the scope of the project is unrelated to classroom
rehabilitation.
CCC funding : Ongoing budget shortfalls and resulting General
Fund reductions combined with increased student demand has left
CCCs unable to provide course offerings to fully meet student
needs. According to CCC Chancellor Jack Scott, approximately
140,000 students have been turned away from CCCs, over 95% of
all classes are at capacity, and estimated 10,000-15,000
students are on wait lists for courses. CCC reductions in the
2011-12 Budget will mean an anticipated 350,000 students will be
turned away next year. This bill does not specify a funding
source for compliance with these requirements. CCCs do not have
funds remaining from the bond authorized by the passage of
Proposition 1D (2006). Unlike K-12 schools, state bond funds
are allocated on a project specific basis to CCCs through a
competitive process. All CCC state bond funds have been
allocated. With state bond funds exhausted, compliance would
likely require the use of local funds of new state funds. The
Committee may wish to consider the cost implications of this
requirement.
Differing safety concerns of K-12 and CCC : Some opponents have
raised concerns that the circumstances and safety protocols that
apply to CCC are different from those for K-12 facilities. The
Community College Facility Coalition, representing CCC districts
and private sector facility construction companies, argues that
doors that can be locked from the exterior with a key and always
opened from the inside help prevent faculty, staff and students
(the vast majority of whom are adults) from being held hostage.
The San Diego Community College District notes that doors that
can be locked by anyone on the inside could potentially be used
as a place of refuge by a suspect or predator being pursued by
police.
Requested amendments : The CCC Chancellor's Office has taken a
"support if amended" position on this proposal, noting support
for efforts to ensure safety of K-12 facilities, but pointing
out differences between K-12 and CCC. The Chancellor's Office
is requesting that the bill be amended to delete provisions
affecting CCC facilities. Further, the Chancellor's Office
argues that it is more appropriate to establish standards on
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locks in the Building Standards Code, Title 24 regulations,
rather than specifying a specific type of lock in statute.
Prior legislation : AB 211 (Mendoza), Chapter 430, Statutes of
2010, requires, as a condition for state education bond funds,
all new K-12 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 Teachers Association
Faculty Association of California Community Colleges
United Teachers Los Angeles
Wittier City School District
Opposition
Antelope Valley Community College District
Community College Facility Coalition
Community College League of California
Glendale Community College District
Los Angeles Community College District
Rio Hondo Community College District
San Diego Community College District
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960