BILL NUMBER: AB 1076	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to add Article  4.5   4.2 
(commencing with Section  32247)   32246) 
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   authorize  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
  no  . State-mandated local program:  yes
  no  .


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

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

      Article  4.5.   4.2.   Panic Buttons


    32247.   32246.   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   may  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.   32246.1.   Notwithstanding
any other law, a school district that complies with this 
section   article  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.  32246.2.    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.