BILL ANALYSIS AB 211 Page 1 Date of Hearing: April 1, 2009 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 211 (Mendoza) - As Introduced: February 2, 2009 SUBJECT : School facilities: classroom function locks SUMMARY : Requires doors to classrooms, offices, and other rooms where pupils and school staff gather to have classroom function locks that allow doors to be locked from the inside. Specifically, this bill : 1)Makes the following declarations and findings: a) Violent incidents on school campuses are increasing at an alarming rate. Lockdowns are an effective tool that can be used on school campuses to facilitate the safety of pupils and staff during violent incidents; b) The locks in most school classrooms, offices, and other rooms where pupils and staff gather can be locked only from the outside, and the safety of school staff and pupils could be placed in jeopardy if school staff is required to go out into a hallway to lock doors during a violent incident; and c) Locking mechanisms that lock a door from the inside, commonly referred to as classroom function locks, have been developed to quickly lock doors to classrooms, offices, and other rooms from the inside. 2)Requires, on and after January 1, 2010, all new construction and modernization projects submitted to the Division of the State Architect (DSA) to include classroom function locks that allow doors to classrooms, offices, and other rooms where pupils and school staff gather to be locked from the inside. 3)Requires the classroom function locks to consist of locking mechanisms that allow doors to be locked from the inside, or the best technology that accomplishes the same result. EXISTING LAW : 1)Requires, under the Leroy F. Greene School Facilities Act of AB 211 Page 2 1998, the State Allocation Board (SAB) to allocate to applicant school districts, 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 (the California Building Standards Code). FISCAL EFFECT : Unknown COMMENTS : 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. The sponsor of the bill, the California Federation of Teachers, considers existing door locks in classrooms to pose a safety threat to teachers and their students. 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 from the inside, there could be a delay in time which could increase risk to harmful situations to pupils and staff. This bill requires, as a condition for state education bond AB 211 Page 3 funds, all new construction and modernization projects submitted to the DSA on and after January 1, 2010 to include classroom function locks that allow a door to be locked on the inside of a classroom, office, or other rooms where pupils and school staff gather. 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 the California Building Standards Code (Title 24 under the California Code of Regulations). Section 1008.1.8.4 of the California Building Standards Code 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, section 1207.3 of 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. Types of locks . Title 24 regulations do authorize the use of locks that are connected to the latching mechanism of the door so that the lock is automatically disengaged without the use of a key or requirement of special knowledge or effort. For example, a thumbturn lock (slide bolt) above a door lever that unlocks when the lever is turned in one motion is an authorized lock. According to a lock expert, "classroom function lock" is a manufacturer term used for locks that are always egressable from the inside but locks or unlocks with a key from the outside. This may not be the appropriate term to use for this bill. "Classroom security locks" have the ability to lock the outside from the inside of a room with a key and is a more accurate term for what this bill is intended to do. The author and sponsor, however, are concerned that teachers do not always carry their keys and would prefer to leave it up to the district whether the lock should be one that requires a key to lock from the inside or simply a thumbturn or pushbutton lock. The potential problem with thumbturn or pushbutton locks is that AB 211 Page 4 students can lock themselves in if a teacher steps out of the classroom. Staff recommends striking the term "classroom function locks" and simply require an inside lock that meets Title 24 regulations. Staff also recommends exempting rooms that are always locked (e.g., janitor's room, storage room, electrical or computer equipment rooms, elevator freight room) and pupil bathrooms from the requirements of this bill. Schools where classrooms are always locked from the outside will meet the intent of this bill. Rooms required to have inside locks . The bill's requirement that "other rooms where pupils and school staff gather" may be too broad. DSA would have to make judgments regarding size of room and occupancy capacity that would be better if specified in the bill. Other rooms may include the library, gymnasium, cafeteria/multipurpose room, computer room, and locker rooms. Staff recommends specifying that the requirement applies to any room with occupancy of more than 5 rather than listing the type of rooms required to have inside locks. As education plans change and with new technology, the types of rooms in schools may change over time. Listing the rooms may not capture all rooms where pupils and staff gather. There is no data available to indicate the extent existing schools already have inside locks. School architects note that classroom security locks are already commonly included in school design plans. One architect estimates that about 70% of the plans include inside locks. This bill will make it a requirement for all proposed new construction or modernization project submitted to the DSA for approval beginning January 1, 2010. Should this bill include modernization projects ? Should all modernization projects be required to install classroom function locks even if the rehabilitation does not affect doors (e.g., replacing a roof, installing an air conditioning unit)? The author is accepting an amendment to apply the requirement only if rehabilitation work is done in the room required to have an inside lock. Arguments in Support . The American Federation of State, County and Municipal Employees supports the bill "because its goal is to increase safety on school campuses. Over the past ten years, incidences of school violence have become more prominent. As school violence increases, legislation must be passed to battle AB 211 Page 5 against violence in a place that should be one of the safest places for a child." The Coalition for Adequate School Housing has a "support if amended" position on the bill and requests amendments to require the State Allocation Board to provide supplemental funding for this purpose, and exempt modernization projects from the requirement of the bill. The California School Boards Association also has a "support if amended" position and requests excluding modernization projects. San Francisco Unified School District (SFUSD) has a "Disapprove" position on the bill and states, "Under current law, school district have general authority over the design of school buildings, subject to the design and architectural safety requirements contained in the law. SFUSD believes that school districts should continue to have this general authority and that unnecessary mandates such as the one contained in AB 211 infringe on the unique needs and desires of individual school communities." REGISTERED SUPPORT / OPPOSITION : Support California Federation of Teachers (sponsor) American Federation of State, County and Municipal Employees California Teachers Association Opposition None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087