Bill Text: NY A02023 | 2023-2024 | 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 22-3)

Status: (Introduced) 2024-05-08 - held for consideration in education [A02023 Detail]

Download: New_York-2023-A02023-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2023

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. HAWLEY, FRIEND, J. A. GIGLIO, NORRIS, RA, TAGUE,
          THIELE, McDONOUGH, MORINELLO, REILLY,  DeSTEFANO,  BRABENEC,  BUTTENS-
          CHON,  ANGELINO,  GALLAHAN,  DURSO,  MANKTELOW, BLANKENBUSH, SAYEGH --
          Multi-Sponsored by -- M. of A. BARCLAY -- read once  and  referred  to
          the Committee 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.
                                                                   LBD00350-01-3

        A. 2023                             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 18 to read as follows:
    36    18. School resource officer grants. a. In  the  two  thousand  twenty-
    37  three--two  thousand  twenty-four school year and thereafter, within the
    38  amount appropriated for services and expenses related to the expense  of
    39  school resource officers, the commissioner shall provide grants pursuant
    40  to  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 fifty, and (3) the aid ratio pursuant  to
    51  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. 2023                             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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