S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2296
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen.  JORDAN -- read twice and ordered printed, and when
   printed to be committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01637-01-1

 S. 2296                             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 NINETEEN--
 TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER, WITHIN THE AMOUNT APPRO-
 PRIATED 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. 2296                             3
 
 AMONG  ALL  DISTRICTS  FILING  SUCH  CLAIMS  UNTIL  THE APPROPRIATION IS
 EXHAUSTED.
   §  3.  Subparagraph 2 of paragraph (b) of subdivision 2 of section 211
 of the retirement and social security law, as amended by chapter 640  of
 the laws of 2008, is amended and a new subparagraph 3-a is added to read
 as follows:
   (2)  that  he  or  she will earn more than one thousand dollars in one
 year,  including  compensation  earned  in  such  position  under  other
 provisions  of  this  article  that  there are not readily available for
 recruitment persons qualified to perform the duties of  such  position[;
 and (4)];
   (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.