Bill Text: NY A01977 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to creating a school resource officer program to permit the employment of retired law enforcement officers and provide grants to school districts and non-public schools for such purpose.

Spectrum: Moderate Partisan Bill (Republican 17-3)

Status: (Introduced) 2021-01-14 - referred to education [A01977 Detail]

Download: New_York-2021-A01977-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1977

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. HAWLEY, FRIEND, J. M. GIGLIO, NORRIS, RA, TAGUE,
          THIELE, BYRNE, McDONOUGH,  M. MILLER,  MORINELLO,  REILLY,  DeSTEFANO,
          ASHBY, WALCZYK, SALKA, BRABENEC, MONTESANO, BUTTENSCHON -- Multi-Spon-
          sored  by -- M. of A. BARCLAY -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education law and the retirement and social security
          law, in relation to a school resource officer program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 2801-c
     2  to read as follows:
     3    §  2801-c.  New  York  state  school  resource officer program. 1. For
     4  purposes of this section, the term "school resource officer" shall  mean
     5  a  school resource officer, school safety officer, school security offi-
     6  cer, or any other substantially similar  position  or  office,  that  is
     7  designed  to  provide  improved  public safety and/or security on school
     8  grounds. Such school resource officer may be a retired police officer, a
     9  retired state trooper, a retired deputy  sheriff,  a  state  trooper,  a
    10  police officer in the active duty service of a town, city or village, or
    11  a deputy sheriff from a county sheriff's department.
    12    2. Any public or nonpublic school may employ, in either the classified
    13  or  unclassified service, any school resource officer for the purpose of
    14  providing improved public safety and/or security on school grounds.  Any
    15  such  public or nonpublic school may also contract with the state of New
    16  York, or a county, city, town or village, for the provision of  a  state
    17  trooper, police officer or deputy sheriff, to serve as a school resource
    18  officer,  for  the  purpose  of  providing improved public safety and/or
    19  security on school grounds. A school district  shall  be  authorized  to
    20  employ or contract for as many school resource officers as such district
    21  deems necessary.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01637-01-1

        A. 1977                             2

     1    3.  It  shall  be  the  primary role of the school resource officer to
     2  provide improved public safety and/or security on school  grounds.    In
     3  addition  to  this primary role, school resource officers also may serve
     4  additional roles, including but not limited to:
     5    (a)  Proposing  and  enforcing  policies and administrative procedures
     6  related to school safety;
     7    (b) Utilizing technology with the implementation  of  a  comprehensive
     8  safety program;
     9    (c)  Serving as a liaison with other school officials and other commu-
    10  nity agencies, including but not limited to, other law enforcement enti-
    11  ties, courts, health care entities, and mental health entities;
    12    (d)  Proposing  and  implementing  strategies  concerning  prevention,
    13  response  and recovery efforts for incidents and/or emergency situations
    14  occurring on school grounds and/or involving students, faculty, adminis-
    15  tration or visitors to the school;
    16    (e) Proposing and assisting  in  the  execution  of  school  emergency
    17  drills  and  proposing  and  assisting  in the creation of school safety
    18  plans;
    19    (f) Providing educational and mentoring services to students;
    20    (g) Assisting in the design, explanation  and  enforcement  of  school
    21  safety and security policies and procedures; and
    22    (h)  Performing  such  other  and  further roles, responsibilities and
    23  activities as the school district may deem appropriate and proper for  a
    24  law  enforcement  officer  to perform, in order to advance the security,
    25  safety and well-being of students, faculty, administration and  visitors
    26  to  the  school  district's  schools, transportation vehicles and school
    27  grounds.
    28    4. Such school resource officer may carry and possess firearms  during
    29  the  course of their duties at such school district, but nothing in this
    30  subdivision shall be deemed to authorize such school resource officer to
    31  carry, possess, repair or dispose of a firearm  unless  the  appropriate
    32  license therefor has been issued pursuant to section 400.00 of the penal
    33  law.
    34    §  2.  Section  3641  of  the education law is amended by adding a new
    35  subdivision 17 to read as follows:
    36    17. School resource officer grants. a. In the two thousand  nineteen--
    37  two thousand twenty school year and thereafter, within the amount appro-
    38  priated  for  services  and  expenses  related  to the expense of school
    39  resource officers, the commissioner shall  provide  grants  pursuant  to
    40  this  subdivision  to:  (1)  public  school  districts other than a city
    41  school district in a city with a  population  of  one  million  or  more
    42  inhabitants, (2) charter schools, and (3) non-public schools.
    43    b.  Grants  under  this  subdivision  shall be equal to the greater of
    44  fifty thousand dollars or the product of (1)  twenty  thousand  dollars,
    45  and  (2)  the  greater  of  (A) the total number of instructional school
    46  buildings owned, leased or in use for  instructional  purposes  by  such
    47  public school district, charter school, or non-public school, or (B) the
    48  quotient  of  the  enrollment of such public school district pursuant to
    49  paragraph n of subdivision one of section thirty-six hundred two of this
    50  article divided by two hundred and fifty, and (3) the aid ratio pursuant
    51  to subdivision seven of section thirty-six hundred two of this  article,
    52  provided  that  for a charter school or non-public school, the aid ratio
    53  shall be the aid ratio for the public school district where the  charter
    54  school or the non-public school is located.
    55    c. The commissioner shall be authorized to adopt regulations to imple-
    56  ment the provisions of this subdivision.

        A. 1977                             3

     1    d.  In the event the appropriation for purposes of this subdivision in
     2  any year is insufficient to pay all claims  received  pursuant  to  this
     3  subdivision,  the commissioner shall pay such claims on a prorated basis
     4  among all districts  filing  such  claims  until  the  appropriation  is
     5  exhausted.
     6    §  3.  Subparagraph 2 of paragraph (b) of subdivision 2 of section 211
     7  of the retirement and social security law, as amended by chapter 640  of
     8  the laws of 2008, is amended and a new subparagraph 3-a is added to read
     9  as follows:
    10    (2)  that  he  or  she will earn more than one thousand dollars in one
    11  year,  including  compensation  earned  in  such  position  under  other
    12  provisions  of  this  article  that  there are not readily available for
    13  recruitment persons qualified to perform the duties of  such  position[;
    14  and (4)];
    15    (3-a)  that  his or her employment title and respective duties will be
    16  restricted to school resource officer as such term is defined in section
    17  twenty-eight hundred one-c of the education law;
    18    § 4. This act shall take effect immediately.
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