Amended in Assembly April 15, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1076

Introduced by Assembly Member Olsen

February 22, 2013

An act to add Article begin delete 4.5 end delete begin insert 4.2 end insert (commencing with Section begin delete 32247) end delete begin insert 32246) end insert 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, begin delete require end delete begin insert authorize end insert 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.

begin delete

To the extent that the bill would impose additional duties on school districts, the bill would impose a state-mandated local program.

end delete begin delete

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.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Article begin delete 4.5 end delete begin insert 4.2 end insert (commencing with Section begin delete 32247) end delete
begin insert 32246) end insert is added to Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code, to read:

 

Article begin delete 4.5. end delete begin insert 4.2. end insert   Panic Buttons

 

begin delete 32247. end delete
begin insert 32246. end insert   

If federal funding becomes available for the purposes
of this article, the governing board of each school district and each
county superintendent of schools begin delete shall end delete begin insert may end insert 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.

begin delete 32247.1. end delete
begin insert 32246.1. end insert   

Notwithstanding any other law, a school district that
complies with this begin delete section end delete begin insert article end insert 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.

begin delete 32247.2. end delete
begin insert 32246.2. end insert   

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.

begin delete

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.

end delete