Governor Arnold Schwarzenegger has signed SB 1054, a bill by Senator Nell Soto (D – Pomona) requiring charter schools to comply with building codes relating to seismic safety by January 1, 2007.

Regular public schools in California (i.e., those that are not charters) must comply with the Field Act, which mandates adherence to building standards for seismic safety of public school buildings. Soto introduced SB 1054 out of concern that with few exceptions, charter schools were not likewise required to comply with the Field Act.  In 1997, then-Attorney General Dan Lungren issued an opinion which stated that "charter schools are subject to the building safety requirements of the Field Act only if the requirements are set forth in their charter petitions."

“All California children deserve to be safe no matter where they attend school, but many parents may not be aware that charter schools had not been subject to similar requirements for seismic safety,” Soto said. “I applaud Governor Schwarzenegger for signing my bill to ensure that children attending charter schools are taught in buildings that meet seismic safety standards.”

Some charter schools do in fact meet Field Act standards: Those whose charters require it; those which are "conversion" charters (converted from regular public school buildings); and those that are built with money from the 2002 or 2004 state bond funds.

However, according to the Seismic Safety Commission, "When the Field Act does not apply [to charter schools], the building regulations that do apply appear to be subject to debate and interpretation.  The Commission's 2004 study found some building officials reporting that some charter schools have argued that they should be exempt from any plan review of the design or inspection of the construction of their facilities."

Soto’s bill requires that by January 1, 2007, charter schools must comply with the California Building Code, as adopted and enforced by a local building enforcement agency, if they are not otherwise required to comply with the Field Act. SB 1054 exempts charter schools that are exclusively owned or controlled by the federal government or other entity that is not subject to the California Building Code.