BILL NUMBER: AB 1076	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to add Article 4.5 (commencing with Section 32247) to
Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code,
relating to school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1076, as amended, Olsen. School safety: panic buttons.
   Existing law provides that school districts and county offices of
education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop a comprehensive school safety plan relevant to the
needs and resources of the particular school.
   This bill would, if federal funding becomes available for those
purposes, require the governing board of each school district and
each county superintendent of schools to equip  the interior of
 each classroom, cafeteria, theater, gym, and other regularly
used space, except a parking lot, in a school serving pupils in
kindergarten or any of grades 1 to 12, inclusive, with a panic
button, as described. 
   The Tort Claims Act provides for the liability and immunity of a
governmental entity for its acts or omissions that cause harm to
persons.  
   This bill would specify that a school district that complies with
the provisions specified above and maintains the functionality of the
panic button shall be immune from liability if the panic button
fails to activate due to circumstances beyond the school district's
control. 
   To the extent that the bill would impose additional duties on
school districts, the bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 4.5 (commencing with Section 32247) is added to
Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code,
to read:

      Article 4.5.  Panic Buttons


   32247.  If federal funding becomes available for the purposes of
this article, the governing board of each school district and each
county superintendent of schools shall equip  the interior of
 each classroom, cafeteria, theater, gym, and any other
regularly used space, except a parking lot, in a public school
serving pupils in kindergarten or any of grades 1 to 12, inclusive,
with a panic button to be used to alert local law enforcement in the
event of a violent incident. 
   32247.1.  Notwithstanding any other law, a school district that
complies with this section and maintains the functionality of the
panic button shall be immune from liability if the panic button fails
to activate due to circumstances beyond the school district's
control. 
   32247.2.   For purposes of this article, a panic button is a
device that alerts local law enforcement to arrive on scene, and that
sends out a public alarm throughout the school when pressed.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.