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BILL NUMBER: SB 892 AMENDED BILL TEXT School restrooms. Existing law exempts public and private schools from provisions relating to the sufficiency of public facility restrooms, and provides for the maintenance and repair of public school facilities by school districts. This bill would, with certain exceptions, require every public and private school to have restroom facilities that are open as prescribed during school hours, and at all times to keep every restroom maintained and cleaned regularly, fully operational, and stocked with soap and paper supplies. This bill would make a school district ineligible for prescribed state school facilities funding if a public school it operates is in violation of this bill. BILL NUMBER: SB 892 AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 18, 2003 AMENDED IN ASSEMBLY JULY 3, 2003 AMENDED IN SENATE JUNE 4, 2003 AMENDED IN SENATE MAY 14, 2003 AMENDED IN SENATE APRIL 21, 2003 AMENDED IN SENATE APRIL 7, 2003 INTRODUCED BY Senator Murray (Coauthors: Senators Kuehl, Romero, Soto, and Vincent) (Coauthors: Assembly Members Diaz , Koretz , Lieber, Longville, and Yee) FEBRUARY 21, 2003 An act to add Section 35292.5 to the Education Code, relating to
publicschools. LEGISLATIVE COUNSEL'S DIGEST SB 892, as amended, Murray. Public schoolSchool restrooms. Existing law exempts public and private schools from provisions relating to the sufficiency of public facility restrooms, and provides for the maintenance and repair of public school facilities by school districts. This bill would , with certain exceptions, require every public and private school in a school district, as a condition of receipt of state apportionments from the State School Fund,to have restroom facilities that are open as prescribed during school hours, and at all times to keep every restroom maintained and cleaned regularly, fully operational, and stocked with soap and paper supplies. To the extent that this bill imposes additional duties on school districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.This bill would make a school district ineligible for prescribed state school facilities funding if a public school it operates is in violation of this bill. Vote: majority. Appropriation: no. Fiscal committee: yesno . State-mandated local program: yesno . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 35292.5 is added to the Education Code, to read: 35292.5. Notwithstanding paragraph (3) of subdivision (f) of Section 118505 of the Health and Safety Code, as a condition of the receipt of apportionments from the State School Fund, every school shall comply with all of the following: (a)35292.5. (a) Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following: (1) Every restroom shall at all times be maintained and cleaned regularly, fully operational and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (b)(2) The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes. (b) Notwithstanding subdivision (a), a school may temporarily close any restroom as necessary for pupil safety or as necessary to repair the facility. (c) Any school district that operates a public school that is in violation of this section as determined by the State Allocation Board is ineligible for state school facilities funding under the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). SEC. 2. It is the intent of the Legislature that a school employee who performs maintenance or repair functions related to restroom facilities that are subject to Section 35292.5 of the Education Code not be subject to discipline if the employee performs his or her responsibilities as required by his or her employer.
VOTES - ROLL CALL MEASURE: SB 892 AUTHOR: Murray TOPIC: School restrooms. DATE: 08/29/2003 LOCATION: ASM. APPR. MOTION: Do pass. (AYES 15. NOES 8.) (PASS) AYES **** Steinberg Berg Lieber Diaz Laird Goldberg Levine Negrete McLeod Nunez Pavley Ridley-Thomas Simitian Wiggins Yee Mullin NOES **** Bates Correa Daucher Haynes Maldonado Pacheco Runner Samuelian ABSENT, ABSTAINING, OR NOT VOTING ********************************* Calderon Nation
Date of Hearing: August 28, 2003 ASSEMBLY COMMITTEE ON APPROPRIATIONS Darrell Steinberg, Chair SB 892 (Murray) - As Amended: August 18, 2003 Policy Committee: EducationVote:10-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires all schools, public and private, to maintain clean, operational restrooms as specified. In addition, this bill: 1)Permits a school to temporarily close any restroom as necessary for pupil safety or as necessary to repair the facility. 2)Makes a public school district, found in violation of this measure as determined by the State Allocation Board (SAB), ineligible for state school bond funding for both modernization and new construction projects. 3)Specifies legislative intent that a school employee who performs maintenance or repairs on restroom facilities not subject to discipline if the employee performs his/her responsibilities as required by their employer. FISCAL EFFECT 1)Unknown General Fund costs to the SAB of at least $150,000 to insure all public schools, requesting state bond funding, are in compliance with the provisions of this measure. 2)Unknown General Fund (Proposition 98) cost pressure, likely in the millions, for public school districts to comply with the requirements of the measure. COMMENTS SB 892 Page 2 1)Related current legislation . AB 1124 (Nunez), pending on the Senate floor, requires that maintenance of facilities account funds be used as a first priority, and Deferred Maintenance Funds be used as a first priority except for expenditures necessary to address imminent risks to health and safety, to ensure school restroom facilities are functional and that they meet state and local hygiene standards generally applicable to public restrooms. 2)Potential for mandated costs . It is likely that should this bill be chaptered, a claim will be filed with the Commission on State Mandates (CSM) claiming the provisions of the bill create a state mandated local program regardless of the wording or intent of the bill. Should the CSM find a mandate, the state will be required to pay claims for the cost of maintaining clean restrooms.
Meanwhile, on a separate track, the June Assembly analysis notes that the pending case of Williams vs. State of California, expected to be adjudicated Fall 2003, could affect school facility health and safety maintenance standards. The analysis says:
"The plaintiffs in this case argue that the State is failing to provide thousands of public school students, particularly those in low-income communities and communities of color, with the bare minimum necessities required for an education such as textbooks, trained teachers and safe and clean facilities. The plaintiffs assert that the State's failure to provide these bare minimum necessities to all public school students in California violates the state constitution, as well as, state and federal requirements that all students be given equal access to public education without regard to race, color or national origin."
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