An Administrator's Guide to California Private School Law

Chapter 17 – Construction

modifies a current playground’s components, it will need to pass an inspection to ensure the playground is safe and compliant with ASTM and USCPSC standards and guidelines. LCW Practice Advisor The Legislature requires that all “entities operating a playground open to the public” comply with the ASTM and USCPSC standards and guidelines. Private schools

are not explicitly listed as an entity subject to this requirement 2288 , but the USCPSC states that its guidelines apply to playground equipment for use by children ages 6 months through 12 years in the playground areas of many types of businesses, including “schools.” 2289 Schools should, therefore, ensure the safety of all playgrounds and playground equipment by complying with ASTM and USCPSC standards and guidelines and obtaining the appropriate inspections.

C. C ALIFORNIA E NVIRONMENTAL Q UALITY A CT (“CEQA”) The California Environmental Quality Act (“CEQA”) requires owners of certain construction and other projects to determine the potential environmental effects of their proposed projects, carefully review and consider all relevant information about those effects, provide the public an opportunity to comment on the environmental issues, and avoid or reduce significant environmental impacts if possible. 2290 CEQA generally applies to public entities and their review of, and public comments toward, the potential environment effects or impacts of a planned project. CEQA will, however, also apply to private projects that require discretionary government approval. 2291 A school may therefore need to follow the requirements of CEQA if any project requires a permit or other approvals from the government prior to commencement. CEQA does not apply to ministerial projects, such as roof replacements, interior alterations, or landscaping changes, which require a public official to determine only that a project conforms to applicable zoning and building code requirements and that the owner has paid applicable fees. 2292 If a project is subject to the CEQA regulations, schools must determine if the project will result in any direct or indirect change in the environment. A project need not adhere to CEQA if it will not produce any changes to the environment. 2293 Otherwise, a project may be subject to CEQA and, if so, a school should determine if there are ways to avoid or reduce the project’s significant environmental impacts. If a project is subject to CEQA, the approving governmental agency will encourage the school to incorporate environmental considerations into project conceptualization, design, and planning. 2294 The school may need to submit data and information to permit that agency to prepare an initial study regarding potential environmental impacts and an environmental impact report. 2295 CEQA is an extremely specialized area of law and schools should consult with a CEQA specialist to determine if a planned project requires compliance with CEQA regulations.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 551