S T A T E O F N E W Y O R K
________________________________________________________________________
7810--A
I N S E N A T E
February 27, 2018
___________
Introduced by Sens. GALLIVAN, AMEDORE, MURPHY -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14902-03-8
S. 7810--A 2
(A) PROPOSING AND ENFORCING POLICIES AND ADMINISTRATIVE PROCEDURES
RELATED TO SCHOOL SAFETY;
(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
S. 7810--A 3
AMONG ALL DISTRICTS FILING SUCH CLAIMS UNTIL THE APPROPRIATION IS
EXHAUSTED.
§ 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.