S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2023
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00350-01-3
 A. 2023                             2
              

 
   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;
   (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 18 to read as follows:
   18. SCHOOL RESOURCE OFFICER GRANTS. A. IN  THE  TWO  THOUSAND  TWENTY-
 THREE--TWO  THOUSAND  TWENTY-FOUR 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 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.
 A. 2023                             3
 
   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.
   §  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.