S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10885
 
                           I N  A S S E M B L Y
 
                               May 25, 2018
                                ___________
 
 Introduced  by  M.  of  A.  HAWLEY,  CASTORINA,  CROUCH, FRIEND, GIGLIO,
   MURRAY, NORRIS, RA, RAIA, TAGUE, THIELE -- 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:
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
   § 2801-C. NEW YORK STATE  SCHOOL  RESOURCE  OFFICER  PROGRAM.  1.  FOR
 PURPOSES  OF THIS SECTION, THE TERM "SCHOOL RESOURCE OFFICER" SHALL MEAN
 A SCHOOL RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY  OFFI-
 CER,  OR  ANY  OTHER  SUBSTANTIALLY  SIMILAR POSITION OR OFFICE, THAT IS
 DESIGNED TO PROVIDE IMPROVED PUBLIC SAFETY  AND/OR  SECURITY  ON  SCHOOL
 GROUNDS. SUCH SCHOOL RESOURCE OFFICER MAY BE A RETIRED POLICE OFFICER, A
 RETIRED  STATE  TROOPER,  A  RETIRED  DEPUTY SHERIFF, A STATE TROOPER, A
 POLICE OFFICER IN THE ACTIVE DUTY SERVICE OF A TOWN, CITY OR VILLAGE, OR
 A DEPUTY SHERIFF FROM A COUNTY SHERIFF'S DEPARTMENT.
   2. ANY PUBLIC OR NONPUBLIC SCHOOL MAY EMPLOY, IN EITHER THE CLASSIFIED
 OR UNCLASSIFIED SERVICE, ANY SCHOOL RESOURCE OFFICER FOR THE PURPOSE  OF
 PROVIDING  IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL GROUNDS. ANY
 SUCH PUBLIC OR NONPUBLIC SCHOOL MAY ALSO CONTRACT WITH THE STATE OF  NEW
 YORK,  OR  A COUNTY, CITY, TOWN OR VILLAGE, FOR THE PROVISION OF A STATE
 TROOPER, POLICE OFFICER OR DEPUTY SHERIFF, TO SERVE AS A SCHOOL RESOURCE
 OFFICER, FOR THE PURPOSE OF  PROVIDING  IMPROVED  PUBLIC  SAFETY  AND/OR
 SECURITY  ON  SCHOOL  GROUNDS.  A SCHOOL DISTRICT SHALL BE AUTHORIZED TO
 EMPLOY OR CONTRACT FOR AS MANY SCHOOL RESOURCE OFFICERS AS SUCH DISTRICT
 DEEMS NECESSARY.
   3. IT SHALL BE THE PRIMARY ROLE OF  THE  SCHOOL  RESOURCE  OFFICER  TO
 PROVIDE  IMPROVED  PUBLIC  SAFETY AND/OR SECURITY ON SCHOOL GROUNDS.  IN
 ADDITION TO THIS PRIMARY ROLE, SCHOOL RESOURCE OFFICERS ALSO  MAY  SERVE
 ADDITIONAL ROLES, INCLUDING BUT NOT LIMITED TO:
   (A)  PROPOSING  AND  ENFORCING  POLICIES AND ADMINISTRATIVE PROCEDURES
 RELATED TO SCHOOL SAFETY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14902-04-8

 A. 10885                            2
 
   (B) UTILIZING TECHNOLOGY WITH THE IMPLEMENTATION  OF  A  COMPREHENSIVE
 SAFETY PROGRAM;
   (C)  SERVING AS A LIAISON WITH OTHER SCHOOL OFFICIALS AND OTHER COMMU-
 NITY AGENCIES, INCLUDING BUT NOT LIMITED TO, OTHER LAW ENFORCEMENT ENTI-
 TIES, COURTS, HEALTH CARE ENTITIES, AND MENTAL HEALTH ENTITIES;
   (D)  PROPOSING  AND  IMPLEMENTING  STRATEGIES  CONCERNING  PREVENTION,
 RESPONSE  AND RECOVERY EFFORTS FOR INCIDENTS AND/OR EMERGENCY SITUATIONS
 OCCURRING ON SCHOOL GROUNDS AND/OR INVOLVING STUDENTS, FACULTY, ADMINIS-
 TRATION OR VISITORS TO THE SCHOOL;
   (E) PROPOSING AND ASSISTING  IN  THE  EXECUTION  OF  SCHOOL  EMERGENCY
 DRILLS  AND  PROPOSING  AND  ASSISTING  IN THE CREATION OF SCHOOL SAFETY
 PLANS;
   (F) PROVIDING EDUCATIONAL AND MENTORING SERVICES TO STUDENTS;
   (G) ASSISTING IN THE DESIGN, EXPLANATION  AND  ENFORCEMENT  OF  SCHOOL
 SAFETY AND SECURITY POLICIES AND PROCEDURES; AND
   (H)  PERFORMING  SUCH  OTHER  AND  FURTHER ROLES, RESPONSIBILITIES AND
 ACTIVITIES AS THE SCHOOL DISTRICT MAY DEEM APPROPRIATE AND PROPER FOR  A
 LAW  ENFORCEMENT  OFFICER  TO PERFORM, IN ORDER TO ADVANCE THE SECURITY,
 SAFETY AND WELL-BEING OF STUDENTS, FACULTY, ADMINISTRATION AND  VISITORS
 TO  THE  SCHOOL  DISTRICT'S  SCHOOLS, TRANSPORTATION VEHICLES AND SCHOOL
 GROUNDS.
   4. SUCH SCHOOL RESOURCE OFFICER MAY CARRY AND POSSESS FIREARMS  DURING
 THE  COURSE OF THEIR DUTIES AT SUCH SCHOOL DISTRICT, BUT NOTHING IN THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH SCHOOL RESOURCE OFFICER TO
 CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  UNLESS  THE  APPROPRIATE
 LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL
 LAW.
   §  2.  Section  3641  of  the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. SCHOOL RESOURCE OFFICER GRANTS. A. IN THE TWO THOUSAND  EIGHTEEN--
 TWO  THOUSAND  NINETEEN  SCHOOL  YEAR  AND THEREAFTER, WITHIN THE AMOUNT
 APPROPRIATED FOR SERVICES AND EXPENSES RELATED TO THE EXPENSE OF  SCHOOL
 RESOURCE  OFFICERS,  THE  COMMISSIONER  SHALL PROVIDE GRANTS PURSUANT TO
 THIS SUBDIVISION TO: (1) PUBLIC  SCHOOL  DISTRICTS  OTHER  THAN  A  CITY
 SCHOOL  DISTRICT  IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE
 INHABITANTS, (2) CHARTER SCHOOLS, AND (3) NON-PUBLIC SCHOOLS.
   B. GRANTS UNDER THIS SUBDIVISION SHALL BE  EQUAL  TO  THE  GREATER  OF
 FIFTY  THOUSAND  DOLLARS  OR THE PRODUCT OF (1) TWENTY THOUSAND DOLLARS,
 AND (2) THE GREATER OF (A) THE  TOTAL  NUMBER  OF  INSTRUCTIONAL  SCHOOL
 BUILDINGS  OWNED,  LEASED  OR  IN USE FOR INSTRUCTIONAL PURPOSES BY SUCH
 PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL, OR NON-PUBLIC SCHOOL, OR (B) THE
 QUOTIENT OF THE ENROLLMENT OF SUCH PUBLIC SCHOOL  DISTRICT  PURSUANT  TO
 PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
 ARTICLE DIVIDED BY TWO HUNDRED AND FIFTY, AND (3) THE AID RATIO PURSUANT
 TO  SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE,
 PROVIDED THAT FOR A CHARTER SCHOOL OR NON-PUBLIC SCHOOL, THE  AID  RATIO
 SHALL  BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER
 SCHOOL OR THE NON-PUBLIC SCHOOL IS LOCATED.
   C. THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO IMPLE-
 MENT THE PROVISIONS OF THIS SUBDIVISION.
   D. IN THE EVENT THE APPROPRIATION FOR PURPOSES OF THIS SUBDIVISION  IN
 ANY  YEAR  IS  INSUFFICIENT  TO PAY ALL CLAIMS RECEIVED PURSUANT TO THIS
 SUBDIVISION, THE COMMISSIONER SHALL PAY SUCH CLAIMS ON A PRORATED  BASIS
 AMONG  ALL  DISTRICTS  FILING  SUCH  CLAIMS  UNTIL  THE APPROPRIATION IS
 EXHAUSTED.

 A. 10885                            3
 
   § 3. Paragraph (b) of subdivision 2 of section 211 of  the  retirement
 and  social  security law is amended by adding a new subparagraph 3-a to
 read as follows:
   (3-A)  THAT  HIS OR HER EMPLOYMENT TITLE AND RESPECTIVE DUTIES WILL BE
 RESTRICTED TO SCHOOL RESOURCE OFFICER AS SUCH TERM IS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE-C OF THE EDUCATION LAW;
   § 4. This act shall take effect immediately.