Unfortunately, many children in the state go to schools that are falling apart. This sends a terrible message to children.

SB: How did California schools come to this point of such extreme neglect and disrepair? Why did the state not do more to solve this problem?

PE: There are a number of different causes. Proposition 13 had something to do with this. It restricted the local districts' ability to raise funds through property tax limitations. Prior to Proposition 13, districts were responsible for financing a large share of the capital investment in schools. Proposition 13 limited the district’s ability to do the capital investment they needed.

Under the California Constitution, the state has the ultimate responsibility to see that the students in the state have a good and equal education, but the state has never really stepped up to the plate to play that role. The state doesn’t do a proper job because they don’t know the basic information as to what the kids have or don’t have. How is the state going to ensure that the facilities are not unsafe and unsanitary, if they don’t know? You would think they would have some sort of inspection process to see if the conditions are unsafe and unsanitary, but they don’t even have that. The state hasn’t stepped up to the plate for the districts. The districts do not have sole responsibility to the children. If districts are not providing safe and sanitary school facilities for children, the state has the ultimate responsibility to ensure that these problems are being addressed.

I spoke to someone the other day who managed facilities for many years. He said that if you put kids in a building that is falling apart, some of them will throw toilet paper around and write on the walls. But if you put kids in a well-maintained building, kids won’t do that. Kids don’t mess up facilities that are in good condition. Unfortunately, many children in the State go to schools that are falling apart. This sends a terrible message to children.

SB: We have heard reports of schools with filthy bathrooms, no open bathrooms, or limited access. What rights do students have to access clean bathrooms?

PE: There are some vague things in the education code that call for the schools to be kept in good repair. The plumbing and building codes require that there be specific numbers of toilets depending on the size of the school. When you start locking bathrooms, the school may be violating plumbing codes because there aren’t enough toilets. The state has gotten complaints about this. They know this. And they’ve said to the districts "you should not be doing this," but in the end their position is that the maintenance of facilities is not their responsibility.

SB: What would you have the state do?

PE: First, they have to find out the scope of the problem. It’s not as if no one knows there’s a problem. But there’s not a sufficient base of information. In certain states the first thing they do is take an inventory to find out what needs to be done.

Some of these problems are not about money. It’s about doing simple things like providing clean bathrooms with toilet paper for children. But the state has to let districts know that they cannot fall below minimum standards. Some states have inspection systems. You could also have a system that is risk sensitive. In other words, districts or schools don’t get inspected unless complaints are made.

SB: What can students or parents do to protect their right to attend schools with functioning facilities?

PE: One thing they can do is complain, and complain a lot when their children are in conditions that are unsafe and unhealthy. There is something to the squeaky wheel getting the grease. And students should know they have a right to a safe facility. Having an active parent demanding on behalf of their child is a step in the right direction. That includes complaining to the school district, to the school board, to local elected officials. Students and parents also can ask the governor: "Why are you fighting this law suit [Williams v California] so hard instead of sitting down and solving these problems."

*tcla

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