Opinion No. (1997)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE KERRY MAZZONI, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: Are charter schools subject to the building safety requirements of the Field Act? CONCLUSION Charter schools are subject to the building safety requirements of the Field Act only if the requirements are set forth in their charter petitions. ANALYSIS The question presented for resolution concerns the relationship between two statutory schemes. One establishes standards and procedures for ensuring the safety of school buildings and their occupants and is known as the Field Act (Ed. Code, §§ 39140 - 39159 , 39210- 39232 , 81130 - 81147 .) 1 The other provides for the creation and the operation of charter schools and is known as the Charter Schools Act of 1992 (§§ 47600-47625; "CSA"). We are asked whether the Field Act's requirements are applicable to charter schools. We conclude that the requirements are applicable if a school's charter petition so specifies. 1. The Field Act The Field Act was enacted in 1933 to establish "reasonable minimum standards for the design and…