BILL ANALYSIS �
AB 269
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Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 269 (Ma) - As Amended: May 4, 2011
Policy Committee: Education
Vote:7-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires charter schools to comply with the following
existing law related to the health and safety of pupils:
1)Two-way communication devices : Existing statute expresses
legislative intent, if federal funding is available for this
purpose, that each school district governing board and county
superintendent of schools equips schools with a two-way
communication device (telephones, intercoms, walkie-talkies)
in each classroom used by K-12 pupils, as specified.
2)Maintenance of restrooms : Existing statute requires every
public and private school maintaining K-12 classrooms to
comply with the following:
a) Requires every restroom to be cleaned regularly and
fully operational, including stocked with toilet paper,
soap, and paper towels or functional hand dryers.
b) Requires schools to keep all restrooms open during
school hours when pupils are not in classes and are
required to keep a sufficient number of restrooms open when
pupils are in classes.
3)School safety plans : Existing law requires each schoolsite to
develop a comprehensive school safety plan, as specified.
4)Fire alarm systems : Existing law requires school buildings
that have an occupant capacity of 50 or more students to have
a dependable and operative fire alarm system and requires the
alarm to be sounded once a month.
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5)Access gates : Existing law requires the governing board of a
school district and private school, which maintains any
building that is used for instruction or houses children and
is entirely closed by a fence, to have a sufficient sized gate
to allow the entrance of ambulances, police equipment, and
firefighting apparatuses.
6)Eye protective devices : Existing law requires schools to be
equipped with eye protective devices for use by students and
teachers when participating in vocational or industrial arts,
shop classes, vocational education, etc.
7)Toxic art supplies : Existing law prohibits the use of art
supplies in grades K-6 that contain toxic substances; statute,
however, allows schools with grades 7-12 to purchase toxic
substances provided they meet specified labeling requirements.
8)First aid kits : Existing law requires each school to be
equipped with a first aid kit, as specified.
FISCAL EFFECT
1)GF/98 cost pressure, of approximately $800,000, to charter
schools to develop school safety plans. To the extent a
charter school already has a school safety plan, this cost
would be reduced. According to SDE, there were approximately
823 charter schools in 2009-10.
a) The current mandate claim for school safety plans by
school districts is approximately $5 million annually.
2)GF/98 cost pressure, of approximately $125,000, to charter
schools to purchase two-way communication devices. To the
extent a charter school already has these devices, this cost
would be reduced. According to SDE, there were approximately
823 charter schools in 2009-10.
3)GF/98 and state school facility fund cost pressure, likely in
the hundreds of thousands to low millions, to charter schools
to ensure compliance with maintenance of restrooms, fire
alarms, and fences around their facility. To the extent a
charter school is located in a property currently or
previously owned by a school district, the building may
already be in compliance and therefore, these costs may be
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significantly reduced.
4)According to a May 2006 decision by the Commission on State
Mandates (CSM), charter schools are not eligible to claim
mandate reimbursements. In denying charter schools' mandate
claims, the CSM repeatedly cites the fact that charter schools
are "voluntarily" created.
COMMENTS
1)Purpose . According to the author, "Parents have the right to
expect uniform minimum provisions at all schools. Compliance
to such standards is necessary to protect the health and
safety of our state's children. By not requiring charter
schools to adhere to the same standards, existing law leaves
health and safety issues up to local discretion, inviting
varying levels of standards." This bill, sponsored by the
California Teachers Association, requires charter schools to
comply with specified statutes related to the health and
safety of pupils.
2)Is it a state reimbursable mandate if requirement applies to
private entities as well ? Generally, the CSM has determined
that if a requirement is imposed on both public and private
agencies, the public agency is not eligible for state
reimbursement. According to the Legislative Analyst's Office,
"Specifically, the court found that local government employer
obligations were comparable to other employers, and were not
attributable to providing a new program to the public.
Together, these �appellate court] cases form the basis of what
is commonly referred to as the 'law of general applicability.'
That is, if a statute imposes similar obligations on the
private and public sector, the public sector's costs to comply
with the requirement do not constitute a state-reimbursable
mandate."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081