If state funds are used for a public building or facility or local funds are used for a school or community college building or facility, including a school playground, existing law prohibits a contract from being awarded until the Department of General Services issues a written approval stating that the plans and specifications comply with the intent of provisions governing access to public buildings by physically handicapped persons, including the Americans with Disabilities Act of 1990. Existing law establishes various state grant and funding programs administered by the State Department of Education that may be used for school facilities and related improvements, including school playgrounds.

This bill would require the department to curate and maintain an internet resource that demonstrates best practices for inclusive school playgrounds, as provided.

If state funds are used for a public building or facility or local funds are used for a school or community college building or facility, including a school playground, existing law prohibits a contract from being awarded until the Department of General Services issues a written approval stating that the plans and specifications comply with the intent of provisions governing access to public buildings by physically handicapped persons, including the Americans with Disabilities Act of 1990. Existing law establishes various state grant and funding programs administered by the State Department of Education that may be used for school facilities and related improvements, including school playgrounds.

This bill would require the department to curate and maintain an internet resource that demonstrates best practices for inclusive school playgrounds, as provided.

If state funds are used for a public building or facility or local funds are used for a school or community college building or facility, including a school playground, existing law prohibits a contract from being awarded until the Department of General Services issues a written approval stating that the plans and specifications comply with the intent of provisions governing access to public buildings by physically handicapped persons, including the Americans with Disabilities Act of 1990. Existing law establishes various state grant and funding programs administered by the State Department of Education that may be used for school facilities and related improvements, including school playgrounds.

If state funds are used for a public building or facility or local funds are used for a school or community college building or facility, including a school playground, existing law prohibits a contract from being awarded until the Department of General Services issues a written approval stating that the plans and specifications comply with the intent of provisions governing access to public buildings by physically handicapped persons, including the Americans with Disabilities Act of 1990. Existing law establishes various state grant and funding programs administered by the State Department of Education that may be used for school facilities and related improvements, including school playgrounds.

This bill would establish within the department a 9-member 15-member Inclusive School Playground Advisory Committee to, among other duties, on or before January 1, 2028, coordinate with the department to develop and publish model guidelines for inclusive school playgrounds, as provided. The bill would require the department, on or before July 1, 2027, to identify any grant programs within the department that fund school playgrounds and amend guidelines for those grant programs to prioritize proposed projects that meet the model guidelines. The bill would require the department to collaborate with other state agencies to encourage funding mechanisms for other playgrounds to similarly incentivize projects that meet the model guidelines. The bill would require the committee, or before January 1, 2028, and every 5 years thereafter, to submit a report to the Legislature on inclusive school playgrounds that includes, but is not limited to, recommendations on resource allocation. The bill would also require the department to support the implementation of the bill with existing funding allowable for these purposes or through grant funding. The bill would authorize the State Board of Education to adopt regulations to implement these provisions.

Existing law establishes, within the Natural Resources Agency, the Department of Parks and Recreation, which controls the state parks. Existing law provides a process for the establishment of recreation and park districts. Existing law authorizes a recreation and park district to accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district.

This bill would provide that it is the intent of the Legislature to enact subsequent legislation that would increase access to inclusive playgrounds.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2241

Author:(Boerner)

As Amended Ver:August 18, 2026

Majority vote

SUMMARY

Requires the California Department of Education (CDE) to curate and maintain an internet resource that demonstrates best practices for inclusive school playground designs.

Senate Amendments

1. Requires the CDE to curate and maintain an internet resource that demonstrates best practices for inclusive school playground designs.
2. Requires the best practices developed to reflect universal design principles and address equipment selection, surfacing, sensory features, safety, and maintenance.
3. Requires, in developing the best practices, the CDE to consider socioeconomic factors, including the needs of underserved, rural, and special needs communities.
4. Authorizes the CDE to consult with relevant advocacy and parent organizations to demonstrate resources that allow for equitable play.
5. Requires the CDE to consult the most recent relevant research to ensure all abilities are considered when designing equitable and inclusive school playground design.
6. Authorizes the CDE to, in consultation with relevant state and local agencies, recommend requirements or incentives to encourage inclusive features in school playground projects.
7. Authorizes the CDE to collaborate with advocacy and parent organizations to host forums or develop resources on inclusive school playgrounds.
8. Authorizes the CDE to educate local educational agencies (LEAs) about the benefits of inclusive school playgrounds and the inclusive design standards.
9. Defines "inclusive school playground" to mean an outdoor play area at a public school that is designed and constructed to ensure that pupils who are individuals with physical, sensory, intellectual, or developmental disabilities can play together with nondisabled pupils. An inclusive school playground incorporates universal design features beyond minimum accessibility requirements, including, but not limited to, accessible surfacing and ramps, integrated adaptive swings and equipment, sensory-rich elements, clear wayfinding, shaded quiet areas, and other features enabling physical, cognitive, and social play by pupils who are individuals with disabilities.
10. Removes several proposed requirements related to the establishment within the CDE a 15-member Inclusive School Playground Advisory Committee to coordinate with the CDE to develop and publish model guidelines for inclusive school playgrounds.

COMMENTS

Federal disabilities law includes accessibility standards for playgrounds. The Americans with Disabilities Act (ADA) is a federal law providing protection against discrimination on the basis of a disability, ensuring equal access and benefit to all people. In 2010, the Department of Justice (DOJ) published revised regulations the ADA adopted Standards for Accessible Design (Standards). The Standards set minimum requirements – both scoping and technical – for newly designed and constructed or altered state and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. The Standards include requirements related to path of travel, and surfaces under and around playground equipment. Related to accessible playgrounds, a common interpretation of the Standards is that once a child is in the play area, they must be able to access the play equipment by either moving out of their mobility device onto the playground structure (such as a transfer station) or by direct play structure access in their mobility device (such as a ramp). Many school facilities and playgrounds may be older than the implementation dates required by the Standards. The Standards and this bill do not require existing playgrounds to be updated.

Many school districts follow private sector playground equipment safety standards for insurance purposes. The American National Standards Institute (ANSI) issues performance specifications and standards that impact business in many sectors, ranging from construction to agriculture, including playground equipment for public use. The Playground Equipment for Public Use Standard (ASTM F1487-21) is a performance specification that addresses safety and performance standards for various types of public playground equipment. Specifically, the document encompasses equipment for the 5th percentile 2-year-old through the 95th percentile 12-year-old range. To limit the possibility of falls on public playground equipment, ASTM F1487-21 specifies installing handrails, guardrails, and barriers on different surfaces, including stairways, ramps, stepladders, and platforms to help obstruct how falls can occur. The document also includes guidance on the design of ramps and accessible openings. The Standard also includes guidance on ways to limit other hazards.

Universal Design Principles. This bill would require the CDE to curate and maintain an internet resource that demonstrates best practices for inclusive school playground designs. The 7 Principles of Universal Design (Principles) were developed in 1997 by a working group of architects, product designers, engineers, and environmental design researchers. The purpose of the Principles is to guide the design of environments, products, and communications. For example, Principle 1 is that the design is useful and marketable to people with disabilities.

Available research demonstrates that children with disabilities cannot fully participate in playgrounds because of inadequate adaptations. A 2023 American Journal of Occupational Therapy review of existing research on the relationship between key areas of development and accessible play settings for children with disabilities, Occupational Injustice and the Right to Play: A Systematic Review of Accessible Playgrounds for Children With Disabilities, found that eight studies reported that social participation, play participation, and motor skills development were negatively affected despite playgrounds being labeled accessible. Children with disabilities have decreased engagement in activities that provide opportunities for play, social participation, and motor skills development. A 2017 Children, Youth and Environments review, Systematic Review of Evidence-Based Practices for Inclusive Playground Design, reports that children with disabilities are often unable to fully engage with their peers and environment as a result of barriers in playground structure and design. In 2019, 65% of caregivers for children with disabilities reported that their child could not fully participate in playgrounds because of inadequate adaptations (Stanton-Chapman & Schmidt, 2019), despite the Standards.

According to the Author

According to the author, "Asm. Boerner is pleased to author AB 2241, a bill that would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding."

Arguments in Support

The Special Education Local Plan Administrators (SELPA) Association of California writes, "We recognize that access to safe, inclusive, and developmentally appropriate play environments is not ancillary, it is essential to student growth, social integration, and overall well-being. AB 2241 thoughtfully acknowledges that compliance with minimum accessibility standards alone is insufficient and instead promotes a more comprehensive vision grounded in universal design and meaningful inclusion.

We strongly support the bill's establishment of an Inclusive School Playground Advisory Committee to guide this work. The inclusion of educators, experts, and parents of students with disabilities will ensure that the development of model guidelines reflects both lived experience and best practices. The requirement that these guidelines be developed and published by January 1, 2028, and that they address critical elements such as accessible surfacing, adaptive equipment, sensory-rich features, and safety considerations, represents a significant step toward standardizing inclusive design across California's schools.

We also appreciate the bill's emphasis on equity, including the directive to consider the needs of underserved, rural, and special needs communities in the development of guidelines and statewide planning efforts. SELPAs, the member LEAs and families we represent, frequently see disparities in access to inclusive facilities, and this bill provides a framework to begin addressing those gaps in a meaningful and systemic way."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM EDUCATION: 9-0-0

YES: Patel, Hoover, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Pellerin, Zbur

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 78-0-2

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Muratsuchi, Celeste Rodriguez

UPDATED

VERSION: August 18, 2026

CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0004267

 THIRD READING  

Bill No: AB 2241

Author: Boerner (D), et al.

Amended: 8/18/26 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/17/26

AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 78-0, 5/26/26 - See last page for vote

SUBJECT: School facilities: inclusive school playgrounds

SOURCE: Author

DIGEST:

This bill requires the California Department of Education (CDE) to curate and maintain an online resource demonstrating best practices for inclusive school playground design and authorizes related outreach, education, and recommendations to encourage inclusive playground features.

Senate floor amendments of 8/18/26 (1) remove the Inclusive Playground Advisory Committee and its duties and instead require CDE to curate and maintain an online resource demonstrating best practices for inclusive school playground design; and (2) authorize CDE to recommend requirements or incentives for inclusive playground features and to conduct related outreach and education with local educational agencies, advocacy organizations, and parents.

ANALYSIS:

Existing law:

1. Requires the Department of General Services (DGS) to review plans and specifications for public buildings and school facilities to ensure compliance with state and federal accessibility requirements, including the Americans with Disabilities Act (ADA).
2. Requires DGS to supervise the design and construction of school buildings to ensure compliance with applicable safety and accessibility requirements.
3. Requires the CDE to establish standards governing the design and construction of school facilities.
4. Establishes the School Facility Program (SFP), administered by the Office of Public School Construction (OPSC) and State Allocation Board (SAB), which provides state funding for school construction and modernization projects.
5. Authorizes school districts to use state school facilities funding for specified school facility improvements, including certain playground safety improvements.
6. Establishes the ADA, which requires public facilities, including playgrounds, to meet minimum accessibility standards for individuals with disabilities.

This bill requires CDE to curate and maintain an online resource demonstrating best practices for inclusive school playground design that reflect universal design principles and address equipment selection, surfacing, sensory features, safety, and maintenance. The bill also authorizes CDE to recommend requirements or incentives to encourage inclusive playground features and to conduct related outreach and education.

Comments

Need for the bill. According to the author, “Asm. Boerner is pleased to author AB 2241, a bill that would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding.”

Existing state oversight of school facilities. California already maintains a robust framework for reviewing school facility projects. CDE, DGS through the Division of the State Architect, OPSC, and SAB all play roles in reviewing, funding, and approving school construction projects. Existing law also requires compliance with state and federal accessibility standards.

This bill does not alter those approval processes or create new design mandates. Instead, it requires CDE to curate and maintain an online resource demonstrating best practices for inclusive school playground design. These best practices are required to reflect universal design principles, address features such as equipment, surfacing, sensory features, safety, and maintenance, and draw upon the most recent relevant research regarding inclusive playground design.

A narrower, resource-based approach. Earlier versions of this bill proposed a more expansive role for the state, including the creation of a 15-member advisory committee charged with developing model guidelines, conducting outreach, making policy recommendations, and reporting periodically to the Legislature. Recent amendments remove the advisory committee and its associated duties and instead require CDE to curate and maintain an online resource demonstrating best practices for inclusive school playground design.

As amended, this bill takes a more limited approach that focuses on making research and best practices available to local educational agencies rather than establishing new playground standards or requirements. CDE may also conduct outreach and education and recommend requirements or incentives to encourage inclusive playground features, but this bill does not itself require local educational agencies to construct, renovate, or modify playgrounds consistent with the identified best practices.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

The CDE indicates that the bill’s costs would depend on whether it would have a member sitting on the council. To the extent that it were to have a member appointed, there would be ongoing General Fund costs of $188,000 and 1.0 position to support the council and provide guidance. If CDE does not have a member on the council, it would incur ongoing General Fund costs of $56,000 to appoint a chair. The bill requires CDE to support implementation using existing resources or available grant funding.

SUPPORT: (Verified 8/18/26)

Back to the Start
Coalition for Adequate Funding for Special Education

OPPOSITION: (Verified 8/18/26)

None received

ASSEMBLY FLOOR: 78-0, 5/26/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Muratsuchi, Celeste Rodriguez

Prepared by: Ian Johnson / ED. / (916) 651-4105

8/19/26 11:10:58

**** END ****

 THIRD READING  

Bill No: AB 2241

Author: Boerner (D), et al.

Amended: 4/27/26 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/17/26

AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 78-0, 5/26/26 - See last page for vote

SUBJECT: School facilities: inclusive school playgrounds

SOURCE: Author

DIGEST:

This bill establishes the California Inclusive School Playgrounds Act and creates an Inclusive Playground Advisory Committee within the California Department of Education (CDE) to develop model guidelines for inclusive school playgrounds. The advisory committee would be responsible for developing statewide guidance on playground design that supports participation by students with disabilities alongside their nondisabled peers, conducting outreach and education, and providing recommendations to the Legislature regarding inclusive playground policies and resource needs.

ANALYSIS:

Existing law:

1. Requires the Department of General Services (DGS) to review plans and specifications for public buildings and school facilities to ensure compliance with state and federal accessibility requirements, including the Americans with Disabilities Act (ADA).
2. Requires DGS to supervise the design and construction of school buildings to ensure compliance with applicable safety and accessibility requirements.
3. Requires the CDE to establish standards governing the design and construction of school facilities.
4. Establishes the School Facility Program (SFP), administered by the Office of Public School Construction (OPSC) and State Allocation Board (SAB), which provides state funding for school construction and modernization projects.
5. Authorizes school districts to use state school facilities funding for specified school facility improvements, including certain playground safety improvements.
6. Establishes the ADA, which requires public facilities, including playgrounds, to meet minimum accessibility standards for individuals with disabilities.

This bill:

1. Establishes the California Inclusive School Playgrounds Act.
2. Defines an “inclusive school playground” as an outdoor play area designed to enable students with disabilities to play alongside nondisabled students through universal design features that exceed minimum accessibility requirements.
3. Establishes a 15-member Inclusive Playground Advisory Committee within the CDE, comprised of representatives with expertise in disability advocacy, child development, universal design, school facilities, and inclusive playgrounds.

1. Requires the advisory committee, by January 1, 2028, to coordinate with CDE to develop and publish model guidelines for inclusive school playgrounds that reflect universal design principles and address equipment, surfacing, sensory features, safety, maintenance, and the needs of underserved, rural, and special-needs communities.

1. Requires the advisory committee to recommend requirements or incentives that encourage inclusive playground features, conduct outreach and education activities, and coordinate with state agencies on accessibility and child-development efforts.

1. Requires the advisory committee, beginning January 1, 2028, and every five years thereafter, to submit a report to the Legislature regarding inclusive school playgrounds, including recommendations on resource allocation.
2. Authorizes CDE to review proposed inclusive school playground designs submitted by local educational agencies seeking state funding and provide technical feedback regarding consistency with the model guidelines.
3. Requires CDE to support implementation using existing resources or available grant funding.
4. Authorizes the State Board of Education to adopt regulations to implement the bill.

Comments

Need for the bill. According to the author, “Asm. Boerner is pleased to author AB 2241, a bill that would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding.”

Accessibility versus inclusion. A central policy question raised by this bill is whether compliance with accessibility laws alone is sufficient to ensure meaningful participation for students with disabilities. Federal ADA standards establish important baseline requirements for access, including accessible routes, surfacing, and connections to play structures. However, accessibility and inclusion are not the same.

Research cited by supporters of this bill suggests that children with disabilities may continue to experience barriers to social interaction and play participation even in playgrounds that technically satisfy accessibility requirements. Inclusive playground design generally seeks to address a broader set of considerations, including sensory engagement, social interaction, cognitive accessibility, and opportunities for cooperative play among children with differing abilities. This bill reflects a growing policy discussion regarding whether public facilities should be designed not only to be accessible, but also intentionally inclusive.

Existing state oversight of school facilities. California already maintains a robust framework for reviewing school facility projects. CDE, DGS through the Division of the State Architect, OPSC, and SAB all play roles in reviewing, funding, and approving school construction projects. Existing law also requires compliance with state and federal accessibility standards.

This bill does not alter those approval processes or create new design mandates. Instead, it creates a mechanism for stakeholders with expertise in disability advocacy, child development, universal design, and school facilities to develop best-practice guidance that may inform future school playground projects. Notably, recent amendments added representatives from local educational agencies, the State Architect, and OPSC to the advisory committee, helping ensure that the advisory committee’s recommendations are informed by practical experience with school facility planning, construction, and state funding programs.

A guidance-first approach. As introduced, this bill proposed a more expansive role for the state, including funding-related incentives and additional statewide assessments. Subsequent amendments substantially narrowed the measure. This bill now focuses primarily on establishing an advisory committee, developing model guidelines, conducting outreach, and providing recommendations to policymakers.

As amended, the measure adopts a guidance-first approach rather than creating new funding requirements or imposing new facility standards. This narrower structure may allow the state to gather expertise, identify best practices, and better understand existing barriers before considering whether additional statutory or funding changes are warranted in the future.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

The CDE indicates that the bill’s costs would depend on whether it would have a member sitting on the council. To the extent that it were to have a member appointed, there would be ongoing General Fund costs of $188,000 and 1.0 position to support the council and provide guidance. If CDE does not have a member on the council, it would incur ongoing General Fund costs of $56,000 to appoint a chair. The bill requires CDE to support implementation using existing resources or available grant funding.

SUPPORT: (Verified 8/13/26)

Back to the Start
Coalition for Adequate Funding for Special Education

OPPOSITION: (Verified 8/13/26)

None received

ASSEMBLY FLOOR: 78-0, 5/26/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Muratsuchi, Celeste Rodriguez

Prepared by: Ian Johnson / ED. / (916) 651-4105

8/14/26 15:15:58

**** END ****

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

AB 2241 (Boerner) - School facilities: inclusive school playgrounds

Bill Summary:

This bill establishes the Inclusive Playground Advisory Committee within the California Department of Education (CDE) to develop model guidelines for inclusive school playgrounds. The advisory committee would develop statewide guidance on playground design that supports participation by students with disabilities alongside their nondisabled peers, conduct outreach, and provide recommendations to the Legislature.

Fiscal Impact:

The CDE indicates that the bill’s costs would depend on whether it would have a member sitting on the council. To the extent that it were to have a member appointed, there would be ongoing General Fund costs of $188,000 and 1.0 position to support the council and provide guidance. If CDE does not have a member on the council, it would incur ongoing General Fund costs of $56,000 to appoint a chair. The bill requires CDE to support implementation using existing resources or available grant funding.

Background:

Existing law requires the Department of General Services (DGS) to review plans and specifications for public buildings and school facilities to ensure compliance with state and federal accessibility requirements, including the Americans with Disabilities Act (ADA) which requires public facilities, including playgrounds, to meet minimum accessibility standards for individuals with disabilities.

Existing law requires DGS to supervise the design and construction of school buildings to ensure compliance with applicable safety and accessibility requirements. Existing law also requires the CDE to establish standards governing the design and construction of school facilities.

Existing law establishes the School Facility Program (SFP), administered by the Office of Public School Construction (OPSC) and State Allocation Board (SAB), which provides state funding for school construction and modernization projects. The law authorizes school districts to use state school facilities funding for specified school facility improvements, including certain playground safety improvements.

Proposed Law:

This bill establishes the California Inclusive School Playgrounds Act and defines an “inclusive school playground” as an outdoor play area designed to enable students with disabilities to play alongside nondisabled students through universal design features that exceed minimum accessibility requirements.

This bill establishes a 15-member Inclusive Playground Advisory Committee within the CDE, comprised of representatives with expertise in disability advocacy, child development, universal design, school facilities, and inclusive playgrounds. It requires the advisory committee, by January 1, 2028, to coordinate with CDE to develop and publish model guidelines for inclusive school playgrounds that reflect universal design principles and address equipment, surfacing, sensory features, safety, maintenance, and the needs of underserved, rural, and special-needs communities.

This bill requires the advisory committee to recommend requirements or incentives that encourage inclusive playground features, conduct outreach and education activities, and coordinate with state agencies on accessibility and child-development efforts. It also requires the advisory committee, beginning January 1, 2028, and every five years thereafter, to submit a report to the Legislature regarding inclusive school playgrounds, including recommendations on resource allocation.

This bill authorizes CDE to review proposed inclusive school playground designs submitted by local educational agencies seeking state funding and provide technical feedback regarding consistency with the model guidelines.

The bill requires CDE to support implementation using existing resources or available grant funding.

Staff Comments:

While federal ADA standards establish requirements for accessibility, including accessible routes, surfacing, and connections to play structures, inclusive playground design seeks to address a broader set of considerations, including sensory engagement, social interaction, cognitive accessibility, and opportunities for cooperative play among children with differing abilities. According to the author, “AB 2241would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding.”

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: Hearing Date: June 17, 2026

Subject:

SUMMARY

This bill establishes the California Inclusive School Playgrounds Act and creates an Inclusive Playground Advisory Committee within the California Department of Education (CDE) to develop model guidelines for inclusive school playgrounds. The advisory committee would be responsible for developing statewide guidance on playground design that supports participation by students with disabilities alongside their nondisabled peers, conducting outreach and education, and providing recommendations to the Legislature regarding inclusive playground policies and resource needs.

BACKGROUND

Existing law:

1. Requires the Department of General Services (DGS) to review plans and specifications for public buildings and school facilities to ensure compliance with state and federal accessibility requirements, including the Americans with Disabilities Act (ADA).
2. Requires DGS to supervise the design and construction of school buildings to ensure compliance with applicable safety and accessibility requirements.
3. Requires the CDE to establish standards governing the design and construction of school facilities.
4. Establishes the School Facility Program (SFP), administered by the Office of Public School Construction (OPSC) and State Allocation Board (SAB), which provides state funding for school construction and modernization projects.
5. Authorizes school districts to use state school facilities funding for specified school facility improvements, including certain playground safety improvements.
6. Establishes the ADA, which requires public facilities, including playgrounds, to meet minimum accessibility standards for individuals with disabilities.

ANALYSIS

This bill:

1. Establishes the California Inclusive School Playgrounds Act.
2. Defines an “inclusive school playground” as an outdoor play area designed to enable students with disabilities to play alongside nondisabled students through universal design features that exceed minimum accessibility requirements.
3. Establishes a 15-member Inclusive Playground Advisory Committee within the CDE, comprised of representatives with expertise in disability advocacy, child development, universal design, school facilities, and inclusive playgrounds.

1. Requires the advisory committee, by January 1, 2028, to coordinate with CDE to develop and publish model guidelines for inclusive school playgrounds that reflect universal design principles and address equipment, surfacing, sensory features, safety, maintenance, and the needs of underserved, rural, and special-needs communities.

1. Requires the advisory committee to recommend requirements or incentives that encourage inclusive playground features, conduct outreach and education activities, and coordinate with state agencies on accessibility and child-development efforts.

1. Requires the advisory committee, beginning January 1, 2028, and every five years thereafter, to submit a report to the Legislature regarding inclusive school playgrounds, including recommendations on resource allocation.
2. Authorizes CDE to review proposed inclusive school playground designs submitted by local educational agencies seeking state funding and provide technical feedback regarding consistency with the model guidelines.
3. Requires CDE to support implementation using existing resources or available grant funding.
4. Authorizes the State Board of Education to adopt regulations to implement the bill.

STAFF COMMENTS

1. Need for the bill. According to the author, “Asm. Boerner is pleased to author AB 2241, a bill that would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding.”
2. Accessibility versus inclusion. A central policy question raised by this bill is whether compliance with accessibility laws alone is sufficient to ensure meaningful participation for students with disabilities. Federal ADA standards establish important baseline requirements for access, including accessible routes, surfacing, and connections to play structures. However, accessibility and inclusion are not the same.

Research cited by supporters of the bill suggests that children with disabilities may continue to experience barriers to social interaction and play participation even in playgrounds that technically satisfy accessibility requirements. Inclusive playground design generally seeks to address a broader set of considerations, including sensory engagement, social interaction, cognitive accessibility, and opportunities for cooperative play among children with differing abilities. This bill reflects a growing policy discussion regarding whether public facilities should be designed not only to be accessible, but also intentionally inclusive.

1. Existing state oversight of school facilities. California already maintains a robust framework for reviewing school facility projects. CDE, DGS through the Division of the State Architect, OPSC, and the State Allocation Board all play roles in reviewing, funding, and approving school construction projects. Existing law also requires compliance with state and federal accessibility standards.

The bill does not alter those approval processes or create new design mandates. Instead, it creates a mechanism for stakeholders with expertise in disability advocacy, child development, universal design, and school facilities to develop best-practice guidance that may inform future school playground projects. Notably, recent amendments added representatives from local educational agencies, the State Architect, and OPSC to the advisory committee, helping ensure that the advisory committee’s recommendations are informed by practical experience with school facility planning, construction, and state funding programs.

1. A guidance-first approach. As introduced, the bill proposed a more expansive role for the state, including funding-related incentives and additional statewide assessments. Subsequent amendments substantially narrowed the measure. The bill now focuses primarily on establishing an advisory committee, developing model guidelines, conducting outreach, and providing recommendations to policymakers.

As amended, the measure adopts a guidance-first approach rather than creating new funding requirements or imposing new facility standards. This narrower structure may allow the state to gather expertise, identify best practices, and better understand existing barriers before considering whether additional statutory or funding changes are warranted in the future.

SUPPORT

Coalition for Adequate Funding for Special Education

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2241

Author:(Boerner)

As Amended Ver:April 27, 2026

Majority vote

SUMMARY

Establishes the Inclusive Playground Advisory Committee (Committee) within the California Department of Education (CDE) to develop and publish model guidelines for inclusive school playgrounds in the state.

Major Provisions

1. Establishes the California Inclusive School Playgrounds Act.
2. Establishes the Committee within the CDE. Requires the Committee to collectively represent a mix of disciplines, perspectives, and experience with a diverse range of disabilities or with school facilities and accessible playground experience.
3. Requires the Committee, on or before January 1, 2028, to coordinate with the CDE to develop and publish model guidelines for inclusive school playgrounds in the state, and requires guidelines developed to reflect universal design principles and address equipment selection, surfacing, sensory features, safety, and maintenance, and requires in developing the guidelines, the Committee to consider socioeconomic factors, including the needs of underserved, rural, and special needs communities;
4. Authorizes the CDE to review proposed inclusive school playground designs submitted by local educational agencies (LEAs) seeking state funding and provide technical feedback to ensure designs meet inclusive design standards.
5. Authorizes the SBE to adopt regulations related to the model guidelines.
6. Defines the following terms:
   1. "Committee" to mean the Inclusive Playground School Advisory Committee;
   2. "Inclusive design standards" to mean the model guidelines for inclusive school playgrounds in the state; and
   3. "Inclusive school playground" to mean an outdoor play area at a public school that is designed and constructed to ensure that pupils who are individuals with physical, sensory, intellectual, or developmental disabilities can play together with nondisabled pupils. An inclusive school playground incorporates universal design features beyond minimum accessibility requirements, including, but not limited to, accessible surfacing and ramps, integrated adaptive swings and equipment, sensory-rich elements, clear wayfinding, shaded quiet areas, and other features enabling physical, cognitive, and social play by pupils who are individuals with disabilities.

COMMENTS

Key provisions of the bill. This bill would require the CDE to establish a Committee, composed of specified experts in accessible playgrounds or individuals with disabilities, charged with developing model guidelines for inclusive California public school playgrounds. The developed guidelines would be required to reflect universal design principles and address equipment selection, surfacing, sensory features, safety, and maintenance.

Federal disabilities law includes accessibility standards for playgrounds. The ADA is a federal law providing protection against discrimination on the basis of a disability, ensuring equal access and benefit to all people. In 2010, the Department of Justice (DOJ) published revised regulations the ADA adopted Standards for Accessible Design (Standards). The Standards set minimum requirements – both scoping and technical – for newly designed and constructed or altered state and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. The Standards include requirements related to path of travel, and surfaces under and around playground equipment. Related to accessible playgrounds, a common interpretation of the Standards is that once a child is in the play area, they must be able to access the play equipment by either moving out of their mobility device onto the playground structure (such as a transfer station) or by direct play structure access in their mobility device (such as a ramp). Many school facilities and playgrounds may be older than the implementation dates required by the Standards. The Standards and this bill do not require all playgrounds to be updated, rather only playgrounds that are new or meet the specific definition of altered.

Many school districts follow private sector playground equipment safety standards for insurance purposes. The American National Standards Institute (ANSI) issues performance specifications and standards that impact business in many sectors, ranging from construction to agriculture, including playground equipment for public use. The Playground Equipment for Public Use Standard (ASTM F1487-21) is a performance specification that addresses safety and performance standards for various types of public playground equipment. Specifically, the document encompasses equipment for the 5th percentile 2-year-old through the 95th percentile 12-year-old range. To limit the possibility of falls on public playground equipment, ASTM F1487-21 specifies installing handrails, guardrails, and barriers on different surfaces, including stairways, ramps, stepladders, and platforms to help obstruct how falls can occur. The document also includes guidance on the design of ramps and accessible openings. The Standard also includes guidance on ways to limit other hazards.

Universal Design Principles. This bill would require the Committee to coordinate with the CDE to develop and publish model guidelines for inclusive school playgrounds, and would require the guidelines to reflect universal design principles. The 7 Principles of Universal Design (Principles) were developed in 1997 by a working group of architects, product designers, engineers, and environmental design researchers. The purpose of the Principles is to guide the design of environments, products, and communications. For example, Principle 1 is that the design is useful and marketable to people with disabilities

Available research demonstrates that children with disabilities cannot fully participate in playgrounds because of inadequate adaptations. A 2023 American Journal of Occupational Therapy review of existing research on the relationship between key areas of development and accessible play settings for children with disabilities, Occupational Injustice and the Right to Play: A Systematic Review of Accessible Playgrounds for Children With Disabilities, found that eight studies reported that social participation, play participation, and motor skills development were negatively affected despite playgrounds being labeled accessible. Children with disabilities have decreased engagement in activities that provide opportunities for play, social participation, and motor skills development. A 2017 Children, Youth and Environments review, Systematic Review of Evidence-Based Practices for Inclusive Playground Design, reports that children with disabilities are often unable to fully engage with their peers and environment as a result of barriers in playground structure and design. In 2019, 65% of caregivers for children with disabilities reported that their child could not fully participate in playgrounds because of inadequate adaptations (Stanton-Chapman & Schmidt, 2019), despite the Standards.

According to the Author

According to the author, "Asm. Boerner is pleased to author AB 2241, a bill that would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding."

Arguments in Support

The Special Education Local Plan Administrators (SELPA) Association of California writes, "We recognize that access to safe, inclusive, and developmentally appropriate play environments is not ancillary, it is essential to student growth, social integration, and overall well-being. AB 2241 thoughtfully acknowledges that compliance with minimum accessibility standards alone is insufficient and instead promotes a more comprehensive vision grounded in universal design and meaningful inclusion.

We strongly support the bill′s establishment of an Inclusive School Playground Advisory Committee to guide this work. The inclusion of educators, experts, and parents of students with disabilities will ensure that the development of model guidelines reflects both lived experience and best practices. The requirement that these guidelines be developed and published by January 1, 2028, and that they address critical elements such as accessible surfacing, adaptive equipment, sensory-rich features, and safety considerations, represents a significant step toward standardizing inclusive design across California′s schools.

We also appreciate the bill′s emphasis on equity, including the directive to consider the needs of underserved, rural, and special needs communities in the development of guidelines and statewide planning efforts. SELPAs, the member LEAs and families we represent, frequently see disparities in access to inclusive facilities, and this bill provides a framework to begin addressing those gaps in a meaningful and systemic way.

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

Minor and absorbable costs to CDE.

VOTES

ASM EDUCATION: 9-0-0

YES: Patel, Hoover, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Pellerin, Zbur

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

UPDATED

VERSION: April 27, 2026

CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0002685

Date of Hearing: May 6, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2241

Author:(Boerner) – As Amended Ver:April 27, 2026

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill establishes the Inclusive Playground Advisory Committee within the California Department of Education (CDE) and requires the comittee, by January 1, 2028, to develop and publish model guidelines for inclusive school playgrounds, as defined.

The bill defines inclusive school playground as an outdoor play area designed and constructed to ensure that individuals with physical, sensory, intellectual, or developmental disabilities can play together with nondisabled individuals.

FISCAL EFFECT:

Minor and absorbable costs to CDE.

Generally, the committee will move the suspense file any bill it determines has the primary purpose of creating a work group, task force, or commission, pursuant to the committee’s rules and custom and practice.

COMMENTS:

1. Purpose. According to the author:

Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding.

1. Background. A review in the 2023 American Journal of Occupational Therapy found eight studies reporting that social participation, play participation, and motor skills development among certain children were negatively affected despite playgrounds being labeled accessible. A 2017 Children, Youth and Environments review also found children with disabilities are often unable to fully engage with their peers and environment due to barriers in playground structure and design. This bill requires CDE to establish a committee to develop and publish guidelines to help educate local educational agencies about the benefits of inclusive school playgrounds and inclusive design standards.

Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081

Date of Hearing: April 22, 2026

ASSEMBLY COMMITTEE ON EDUCATION

Darshana R. Patel, Chair

ABPCA Bill Id:AB 2241 (

Author:Boerner) – As Amended Ver:March 19, 2026

SUBJECT: School facilities: inclusive school playgrounds

SUMMARY: Establishes the Inclusive Playground Advisory Committee (Committee) within the California Department of Education (CDE) to develop and publish model guidelines for inclusive school playgrounds in the state and requires the CDE to identify any grant programs that fund school playgrounds within the CDE and amend guidelines for those grant programs to prioritize proposed projects that meet the inclusive design standards. Specifically, this bill:

1. Establishes the California Inclusive School Playgrounds Act.
2. Establishes the Committee within the CDE. Requires the Committee to collectively represent a mix of disciplines, perspectives, and experience with a diverse range of disabilities and requires the Committee to consist of all of the following members:
   1. Two members with demonstrated expertise in disability advocacy or policy, at least one of whom is an advocate for children with disabilities, to be appointed by the Governor;
   2. One member who is a licensed occupational therapist with experience in pediatric rehabilitation or inclusive play to be appointed by the Governor;
   3. One member with demonstrated expertise in child development or early childhood education to be appointed by the Governor;
   4. One member with demonstrated expertise in universal design or accessible architecture to be appointed by the Speaker of the Assembly;
   5. One member with demonstrated expertise in recreation, parks management, or urban planning, particularly relating to school playground design, to be appointed by the President pro Tempore of the Senate;
   6. Two parents or guardians of pupils who are individuals with disabilities, one of whom shall be appointed by the Senate Committee on Rules and one of whom shall be appointed by the Speaker of the Assembly;
   7. One representative of a community-based organization that builds or advocates for the building of inclusive school playgrounds, to be appointed by the CDE.
3. Requires the Superintendent of Public Instruction (SPI) to designate a Committee chair from among the members. Requires each member to serve a term of four years,
4. Requires the Committee to meet no less than twice per year or more frequently if needed to fulfill its duties.
5. Authorizes the Committee to form subcommittees or working groups as needed.
6. Requires members of the committee to serve without compensation but authorizes that they be reimbursed for reasonable travel or other expenses incurred in the performance of their duties, as authorized by the CDE’s regulations.
7. Requires the Committee to do all of the following:
   1. On or before January 1, 2028, coordinate with the CDE to develop and publish model guidelines for inclusive school playgrounds in the state, and requires guidelines developed to reflect universal design principles and address equipment selection, surfacing, sensory features, safety, and maintenance, and requires in developing the guidelines, the Committee to consider socioeconomic factors, including the needs of underserved, rural, and special needs communities;
   2. Review proposed inclusive school playground designs submitted by local educational agencies (LEAs) seeking state funding and provide technical feedback to ensure designs meet inclusive design standards. Requires the review process to draw on established standards and local best practices from successful inclusive school playgrounds.
   3. Requires, in consultation with relevant state and local agencies, recommend requirements or incentives to encourage inclusive features in school playground projects;
   4. Conduct periodic assessments to identify communities that lack inclusive school playgrounds;
   5. Collaborate with advocacy and parent organizations to host forums or develop resources on inclusive school playgrounds;
   6. Educate LEAs about the benefits of inclusive school playgrounds and the inclusive design standards;
   7. Coordinate with other state agencies to align inclusive school playground efforts with broader accessibility and child development goals; and
   8. On or before January 1, 2028, and every five years thereafter, submit a report to the Legislature on inclusive school playgrounds that includes, but is not limited to, recommendations on resource allocation.
8. Requires, on or before July 1, 2027, to the extent not in conflict with state or federal law, the CDE to identify any grant programs within the CDE that fund school playgrounds and amend guidelines for those grant programs to prioritize proposed projects that meet the inclusive design standards. Requires the CDE collaborate with other state agencies to encourage funding mechanisms for other playgrounds to similarly incentivize projects that meet inclusive design standards.
9. Requires the CDE to support the implementation of these requirements with existing funding allowable for these purposes or through grant funding. Authorizes the CDE pursue partnerships to supplement state funding to support implementation.
10. Authorizes the CDE adopt regulations to implement this chapter.
11. Defines the following terms:
    1. “Committee” to mean the Inclusive Playground School Advisory Committee;
    2. “Grant program” to mean any funding or grant program administered by the CDE that is authorized to be used for school playground development;
    3. “Inclusive design standards” to mean the model guidelines for inclusive school playgrounds in the state; and
    4. “Inclusive school playground” to mean an outdoor play area at a public school that is designed and constructed to ensure that pupils who are individuals with physical, sensory, intellectual, or developmental disabilities can play together with nondisabled pupils. An inclusive school playground incorporates universal design features beyond minimum accessibility requirements, including, but not limited to, accessible surfacing and ramps, integrated adaptive swings and equipment, sensory-rich elements, clear wayfinding, shaded quiet areas, and other features enabling physical, cognitive, and social play by pupils who are individuals with disabilities.

EXISTING LAW:

1. Requires for playground and field areas, adequate physical education teaching stations to be available to accommodate course requirements for the planned enrollment, requires delivery and utility vehicles to have direct access from the delivery area without crossing over playground or field areas, and for restrooms to be easily accessible from playgrounds and classrooms. (California Code of Regulations, Title 5 (5 CCR) 14030)
2. Authorizes school districts to use state school facilities bond funds for construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (Education Code (EC) 101412)
3. Authorizes school district modernization apportionment to be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school, including playground safety improvements. (EC 17074.25)
4. Authorizes a school district to use the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Grant Program funds awarded for a retrofit project to retrofit an existing school facility to adequately house preschool, transitional kindergarten, and kindergarten pupils, to include playground safety improvements. (EC 17375)
5. Establishes the School Facility Program (SFP) under which the state provides general obligation bond funding for various school construction projects, including new construction, modernization, joint-use facilities, and programs to specifically address the construction needs of charter schools, career technical education facilities, and seismic mitigation.
6. Requires the CDE to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate, promote school safety, and provide school districts with flexibility in designing instructional facilities. (EC 17251(c))
7. Requires the Department of General Services (DGS), under the police power of the state, to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building to ensure that plans and specifications comply with the specified rules and regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. (EC 17280)
8. Requires every teacher in the public schools to hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. Requires a teacher, vice principal, principal, or any other certificated employee of a school district, to not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. (EC 44807)
9. Establishes the Americans with Disabilities Act (ADA), a federal civil rights law prohibiting discrimination against individuals with disabilities in all areas of public life, including employment, transportation, public accommodations, and state/local government services. Guarantees equal opportunity for people with disabilities, requiring reasonable modifications and physical access, enforced by the Department of Justice (DOJ). (42 U.S.C. § 12101 et seq. (1990))

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author, “Asm. Boerner is pleased to author AB 2241, a bill that would ensure newly built or renovated playgrounds at public schools are made with inclusivity in mind. Play is a fundamental right for every child, recognized by United Nations (UN) Convention on the Rights of the Child. Federal ADA standards mandate basic accessibility, but do not ensure inclusive play features. Out-of-state and internationally, there are many examples of playground design going above and beyond to create experiences for children which help them grow, both socially, and mentally, as well as in developing their fine motor skills. Current California design for playgrounds is not sufficient to nurture these important skills for our children. AB 2241 would address these issues by ensuring that new and renovated playgrounds on public school campuses are inclusive, accessible, and engaging for children of all abilities, designed by an expert advisory committee and given priority funding.”

Key provisions of the bill. This bill would require the CDE to establish a Committee, composed of specified experts in accessible playgrounds or individuals with disabilities, charged with developing model guidelines for inclusive California public school playgrounds. The developed guidelines would be required to reflect universal design principles and address equipment selection, surfacing, sensory features, safety, and maintenance. Further, the Committee would be required to:

• Review proposed inclusive school playground designs submitted by LEAs seeking state funding;
• Recommend requirements or incentives to encourage inclusive features in school playground projects;
• Conduct periodic assessments to identify communities that lack inclusive school playgrounds;
• Collaborate with advocacy and parent organizations to host forums or develop resources on inclusive school playgrounds;
• Educate LEAs about the benefits of inclusive school playgrounds and the inclusive design standards;
• Coordinate with other state agencies to align inclusive school playground efforts with broader accessibility and child development goals; and
• Starting January 1, 2028, and every five years thereafter, submit a report to the Legislature on inclusive school playgrounds that includes recommendations on resource allocation.

Federal disabilities law includes accessibility standards for playgrounds. The ADA is a federal law providing protection against discrimination on the basis of a disability, ensuring equal access and benefit to all people. In 2010, the DOJ published revised regulations the ADA adopted Standards for Accessible Design (Standards). The Standards set minimum requirements – both scoping and technical – for newly designed and constructed or altered state and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. The Standards include requirements related to path of travel, and surfaces under and around playground equipment. Related to accessible playgrounds, a common interpretation of the Standards is that once a child is in the play area, they must be able to access the play equipment by either moving out of their mobility device onto the playground structure (such as a transfer station) or by direct play structure access in their mobility device (such as a ramp). The Committee may wish to consider that many school facilities and playgrounds may be older than the implementation dates required by the Standards. The Standards and this bill do not require all playgrounds to be updated, rather only playgrounds that are new or meet the specific definition of altered.

Many school districts follow private sector playground equipment safety standards for insurance purposes. The American National Standards Institute (ANSI) issues performance specifications and standards that impact business in many sectors, ranging from construction to agriculture, including playground equipment for public use. The Playground Equipment for Public Use Standard (ASTM F1487-21) is a performance specification that addresses safety and performance standards for various types of public playground equipment. Specifically, the document encompasses equipment for the 5th percentile 2-year-old through the 95th percentile 12-year-old range. To limit the possibility of falls on public playground equipment, ASTM F1487-21 specifies installing handrails, guardrails, and barriers on different surfaces, including stairways, ramps, stepladders, and platforms to help obstruct how falls can occur. The document also includes guidance on the design of ramps and accessible openings. The Standard also includes guidance on ways to limit other hazards.

Universal Design Principles. This bill would require the Committee to coordinate with the CDE to develop and publish model guidelines for inclusive school playgrounds, and requires the guidelines to reflect universal design principles. The 7 Principles of Universal Design (Principles) were developed in 1997 by a working group of architects, product designers, engineers, and environmental design researchers. The purpose of the Principles is to guide the design of environments, products, and communications. Principle 1 is that the design is useful and marketable to people with disabilities, and guidelines include:

• 1a. Provide the same means of use for all users: identical whenever possible; equivalent when not;
• 1b. Avoid segregating or stigmatizing any users;
• 1c. Provisions for privacy, security, and safety should be equally available to all users; and
• 1d. Make the design appealing to all users.

Available research demonstrates that children with disabilities cannot fully participate in playgrounds because of inadequate adaptations. A 2023 American Journal of Occupational Therapy review of existing research on the relationship between key areas of development and accessible play settings for children with disabilities, Occupational Injustice and the Right to Play: A Systematic Review of Accessible Playgrounds for Children With Disabilities, found that eight studies reported that social participation, play participation, and motor skills development were negatively affected despite playgrounds being labeled accessible. Children with disabilities have decreased engagement in activities that provide opportunities for play, social participation, and motor skills development. A 2017 Children, Youth and Environments review, Systematic Review of Evidence-Based Practices for Inclusive Playground Design, reports that children with disabilities are often unable to fully engage with their peers and environment as a result of barriers in playground structure and design. In 2019, 65% of caregivers for children with disabilities reported that their child could not fully participate in playgrounds because of inadequate adaptations (Stanton-Chapman & Schmidt, 2019), despite the Standards.

Several state agencies are involved in K-12 school construction funding and approval, although no state agency is solely responsible for playground design requirements. Public school construction in California is a complex and multifaceted process with the goal of providing school facilities that are safe both for students and staff. It can take several years to build or modernize a school. The following agencies have responsibilities for the necessary components of building, modernizing, and maintaining public school facilities, but the Committee may wish to consider that no state agency is solely responsible for playground design requirements.

• CDE School Facilities Planning Division. The CDE reviews public school sites and plans to determine if they meet Title 5 regulatory standards. The review includes areas such as: standards for school site selection, procedures for site acquisition, standards for the development of plans for the design and construction of school facilities, educational specifications, site layout, playground and field areas, delivery and utility areas, future expansion, placement of buildings, classrooms, specialized classrooms and areas, laboratories, gymnasium, shower/lockers, auxiliary areas, lighting, acoustical, plumbing, year-round education; Americans with Disabilities Act, and child care. As it relates to playgrounds, the CDE Title 5 regulatory standards establish where on a schoolsite a playground should be located (for example, away from vehicle and delivery areas and in proximity to bathrooms). Kindergarten play yard design is required to provide a variety of activities for the development of large motor skills. However, the Title 5 regulations do not contemplate required components of playgrounds, including playground design.
• Division of the State Architect (DSA). The DSA is involved in three phases of school construction projects: 1) plan review and approval, 2) construction oversight, and 3) project closing and certification. The DSA reviews projects for structural, fire/life safety and accessibility requirements. As it relates to playgrounds, the DSA reviews school plans related to the accessible path of travel from a structure to a playground, and the review of a shade structure if a playground utilizes one.
• Office of Public School Construction (OPSC). The OPSC administers and implements the state school facilities programs for the State Allocation Board (SAB). The OPSC is also charged with the responsibility of verifying that all applicant school districts meet specific criteria based on the type of funding which is being requested.
• State Allocation Board. The SAB is responsible for determining the allocation of state resources including proceeds from general obligation bond issues and other designated state funds used for the new construction and modernization of public school facilities. The SAB is a ten member body comprised of the Department of Finance, the Director of the DGS, the SPI, three Senators, three Assemblymembers, and a Governor’s appointee. The SAB is also charged with the responsibility for the administration of the State School Facility Program, including apportioning state funds to school districts for construction, modernization and repair of public K-12 school facilities, adopting policies, and overseeing school facility programs. As it relates to playgrounds, state bond funds may be used for playgrounds.

School districts may use state school facility bond funds for school playgrounds, but there are no specific state funding opportunities for TK-12 playgrounds. This bill would require the CDE to identify any grant programs within the CDE that fund school playgrounds and amend guidelines for those grant programs to prioritize proposed projects that meet the inclusive design standards. The construction and rehabilitation of public TK-12 facilities are funded by a combination of state and local general obligation (GO) bonds, developer's fees, and local assessments such as Mello-Roos community facilities districts. State school facilities bond funds, which support the SFP, provided most recently through Proposition 2 (2024), authorize the use of these funds to be used for playgrounds installed as a part of a new construction project, or to modernize existing playgrounds. State bond funds are allocated pursuant to the SFP and administered by the OPSC under the direction of the SAB.

Under the SFP, the New Construction program requires a 50% match from LEAs, unless the LEA qualifies for financial hardship, which pays up to 100% of project costs. Modernization funds are awarded at 60% with a 40% match. SFP grant size is calculated based on the number of students to be served (new construction), or classrooms that need to be modernized (modernization), and supplemental funding is not provided for classrooms. School districts often exceed the local match minimum requirements to complete projects that include all desired components, including additional structures and resources such as gymnasiums, kitchens, libraries, cafeterias, and playgrounds. Additional local funding may come from local school bonds or developer fees.

Inclusive Early Education Expansion Program (IEEEP). AB 210 (Committee on Budget), Section 13, Statutes of 2022, established the IEEEP grant is to increase access for young children birth to five years old in inclusive early care and education programs. Authorized grant purposes included adaptive and universal design facility renovations, adaptive equipment, and professional development. Programs can use Inclusive Early Education Expansion Program (IEEEP) funds to purchase any adaptive equipment that is a tool, device, or machine that is used to help with any task associated with daily living (for example adaptive and instructional materials, changing tables, adaptive furniture, adaptive playground equipment, and feeding equipment). Approximately $116 million in competitive funds available to LEAs from 2003-27. IEEEP funds were established to support California State Preschool Program (CSPP) students (primarily 3- and 4-year-old) and not for the purposes of Transitional Kindergarten (TK). However, if the TK and CSPP are comingled in the same classroom, then IEEEP funding can be used for both students and staff.

Arguments in support. The Special Education Local Plan Administrators (SELPA) Association of California writes, “We recognize that access to safe, inclusive, and developmentally appropriate play environments is not ancillary, it is essential to student growth, social integration, and overall well-being. AB 2241 thoughtfully acknowledges that compliance with minimum accessibility standards alone is insufficient and instead promotes a more comprehensive vision grounded in universal design and meaningful inclusion.

We strongly support the bill’s establishment of an Inclusive School Playground Advisory Committee to guide this work. The inclusion of educators, experts, and parents of students with disabilities will ensure that the development of model guidelines reflects both lived experience and best practices. The requirement that these guidelines be developed and published by January 1, 2028, and that they address critical elements such as accessible surfacing, adaptive equipment, sensory-rich features, and safety considerations, represents a significant step toward standardizing inclusive design across California’s schools.

We also appreciate the bill’s emphasis on equity, including the directive to consider the needs of underserved, rural, and special needs communities in the development of guidelines and statewide planning eff orts. SELPAs, the member LEAs and families we represent, frequently see disparities in access to inclusive facilities, and this bill provides a framework to begin addressing those gaps in a meaningful and systemic way.

Recommended Committee Amendments. Staff recommends that the bill be amended as follows:

• Add to the following members to required membership of Inclusive Playground Advisory Committee to add additional representatives with the experience and perspective of public school facilities:
• Four representatives from school districts, county offices of education, or charter schools with school facilities and accessible playground experience, two of whom shall be appointed by the President pro Tempore of the Senate and two of whom shall be appointed by the Speaker of the Assembly;
• The State Architect or their designee; and
• The executive officer of the Office of Public School Construction or their designee.
• Authorize the CDE, rather than require the Inclusive Playground Advisory Committee, to review proposed inclusive school playground designs submitted by LEAs seeking state funding and provide technical feedback to ensure designs meet inclusive design standards. Encourage the review process to draw on established standards and local best practices from successful inclusive school playgrounds.
• Remove from the activities of the Inclusive Playground Advisory Committee the required periodic assessments to identify communities that lack inclusive playgrounds.
• Remove the requirement for the CDE to identify any grant programs within the CDE that fund school playgrounds and amend guidelines for those grant programs to prioritize proposed projects that meet the inclusive design standards. Remove the requirement for the CDE to collaborate with other state agencies to encourage funding mechanisms for other playgrounds to similarly incentivize projects that meet inclusive design standards.
• Remove the authorization for the CDE to pursue partnerships to supplement state funding to support the implementation of this bill.
• Authorize the State Board of Education, rather than the CDE, to issue regulations related to the model guidelines.

Related legislation. AB 247 (Muratsuchi), Chapter 81, Statutes of 2024, makes changes to the existing SFP and establishes the Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 in the amount of $10 billion to be approved by the voters for the November 2024 statewide ballot.

SB 515 (Stern), Chapter 489, Statutes of 2023, limits the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project to 20% of the adjusted construction cost, as defined, of the shade structure project.

AB 210 (Committee on Budget), Section 13, Statutes of 2022, established the Inclusive Early Education Expansion Program (IEEEP) grant is to increase access for young children birth to five years old in inclusive early care and education programs. Authorized grant purposes included adaptive and universal design facility renovations, adaptive equipment, and professional development. Current grants conclude in 2027.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California
California Foundation for Independent Living Centers
East Bay Legislative Coalition
SELPA Administrators of CA
Tehama County SELPA

Opposition

None on file

Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087