S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4893
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced by Sens. GALLIVAN, BORRELLO, OBERACKER, ROLISON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Education
 
 AN  ACT  to  amend  the  education law, in relation to a school resource
   officer  program  and  providing  school  resource  officer   security
   protection  aid  (Part  A);  to  amend  the criminal procedure law, in
   relation to peace officers who are retired police officers employed by
   a school district as a school resource officer (Part B); and to  amend
   the retirement and social security law, in relation to annual earnings
   limitations  for  retired  police officers employed as school resource
   officers (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to school safety. Each component is wholly contained within a Part iden-
 tified  as  Parts  A  through  C. The effective date for each particular
 provision contained within such Part as set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found. Section three of  this  act  sets  forth  the
 general effective date of this act.
 
                                  PART A
 
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03511-02-5
              

 S. 4893                             2
 
 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, NONPUBLIC OR CHARTER SCHOOL, OR A BOARD OF  COOPERATIVE
 EDUCATIONAL  SERVICES, MAY EMPLOY, IN EITHER THE CLASSIFIED OR UNCLASSI-
 FIED SERVICE, ANY SCHOOL RESOURCE OFFICER FOR THE PURPOSE  OF  PROVIDING
 IMPROVED  PUBLIC  SAFETY  AND/OR  SECURITY  ON  SCHOOL GROUNDS. ANY SUCH
 PUBLIC, NONPUBLIC OR CHARTER SCHOOL, OR A BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL  SERVICES,  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, NONPUBLIC SCHOOL, CHARTER SCHOOL,  OR
 A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, 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;
   (B) UTILIZING TECHNOLOGY IN  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, NONPUBLIC SCHOOL,
 CHARTER SCHOOL, OR A BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  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. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
 the education law, as amended by chapter 474 of the  laws  of  1996,  is
 amended and a new subparagraph 1-a is added to read as follows:
 S. 4893                             3
 
   (1)  Aidable  shared  services.  At  the  request  of component school
 districts, and with the approval of the commissioner, provide any of the
 following services on a cooperative basis: school nurse teacher, attend-
 ance supervisor, supervisor of teachers, dental hygienist, psychologist,
 SCHOOL RESOURCE OFFICER, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE-C OF THIS TITLE, teachers of art, music, physical education,
 career  education  subjects,  guidance counsellors, operation of special
 classes for students with disabilities, as such term is defined in arti-
 cle eighty-nine of this chapter; pupil and financial accounting  service
 by means of mechanical equipment; maintenance and operation of cafeteria
 or  restaurant  service  for  the  use  of  pupils and teachers while at
 school, and such other services as the commissioner  may  approve.  Such
 cafeteria  or restaurant service may be used by the community for school
 related functions and activities and to furnish  meals  to  the  elderly
 residents  of  the district, sixty years of age or older. Utilization by
 elderly residents or school related  groups  shall  be  subject  to  the
 approval  of the board of education. Charges shall be sufficient to bear
 the direct cost of preparation and serving of such meals,  exclusive  of
 any other available reimbursements.
   (1-A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION
 TO THE CONTRARY, SCHOOL RESOURCE OFFICERS MAY BE  REQUESTED  BY  CHARTER
 SCHOOLS  AND SCHOOL DISTRICTS FOR UP TO SIX DAYS PER WEEK THROUGHOUT THE
 ENTIRE SCHOOL YEAR.
   § 3. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding two new subparagraphs 14 and 15 to read as follows:
   (14) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS  TO  PROVIDE  SCHOOL
 RESOURCE  OFFICERS,  AS  SUCH  TERM  IS  DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE-C OF THIS TITLE, PROVIDED THAT  THE  COSTS  OF  SUCH  SCHOOL
 RESOURCE  OFFICERS SHALL BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A
 COMPONENT SCHOOL DISTRICT, AND FURTHER PROVIDED THAT THE AID RATIO SHALL
 BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER SCHOOL
 IS LOCATED, AND FURTHER PROVIDED  THAT  CHARTER  SCHOOLS  SHALL  NOT  BE
 LIABLE  FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
 OF THIS SUBDIVISION.
   (15) TO ENTER  INTO  CONTRACTS  WITH  NON-COMPONENT  SCHOOL  DISTRICTS
 INCLUDING  CITY  SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE
 THOUSAND INHABITANTS OR MORE, TO PROVIDE SCHOOL  RESOURCE  OFFICERS,  AS
 SUCH  TERM  IS  DEFINED  IN  SECTION  TWENTY-EIGHT HUNDRED ONE-C OF THIS
 TITLE, PROVIDED THAT THE COSTS OF SUCH SCHOOL RESOURCE OFFICERS SHALL BE
 AIDABLE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO THE SAME  EXTENT
 AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPONENT SCHOOL DISTRICT,
 AND  FURTHER  PROVIDED  THAT NON-COMPONENT SCHOOL DISTRICTS SHALL NOT BE
 LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH  B
 OF THIS SUBDIVISION.
   § 4. The education law is amended by adding a new section 3039 to read
 as follows:
   §  3039. GRANTS FOR SCHOOL RESOURCE OFFICERS.  1. FOR PURPOSES OF THIS
 SECTION, SCHOOL RESOURCE OFFICERS SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION TWENTY-EIGHT HUNDRED ONE-C OF THIS CHAPTER.
   2. NONPUBLIC SCHOOLS SHALL, UPON APPLICATION,  BE  REIMBURSED  BY  THE
 DEPARTMENT  FOR  THE  SALARIES  OF SCHOOL RESOURCE OFFICERS. EACH SCHOOL
 WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE
 OFFICE OF RELIGIOUS AND INDEPENDENT  SCHOOLS  AN  APPLICATION  THEREFOR,
 TOGETHER  WITH SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY REASON-
 ABLY REQUIRE, AT SUCH TIMES, IN SUCH FORM AND CONTAINING  SUCH  INFORMA-
 S. 4893                             4
 
 TION  AS  THE COMMISSIONER MAY PRESCRIBE BY REGULATION. APPLICATIONS FOR
 REIMBURSEMENT PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST  FIRST
 OF  EACH  YEAR FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES OF ELIGIBLE
 SCHOOL RESOURCE OFFICERS IN THE PRIOR YEAR.
   3.  THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 5. This act shall take effect immediately.
 
                                  PART B

   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 88 to read as follows:
   88.  RETIRED  POLICE OFFICERS EMPLOYED BY A SCHOOL DISTRICT, NONPUBLIC
 SCHOOL, CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,
 AS  A  SCHOOL  RESOURCE OFFICER; PROVIDED, HOWEVER, THAT NOTHING IN THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH 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. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Section  212 of the retirement and social security law is
 amended by adding a new subdivision 4 to read as follows:
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
 SECTION,  SUCH  ANNUAL EARNINGS LIMITATIONS FOR A RETIRED POLICE OFFICER
 EMPLOYED BY A SCHOOL DISTRICT OR  A  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  IN  EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE AS A SCHOOL
 RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR  ANY
 OTHER  SUBSTANTIALLY  SIMILAR  POSITION  OR  OFFICE  THAT IS DESIGNED TO
 PROVIDE SAFETY AND/OR SECURITY ON SCHOOL  GROUNDS,  PROVIDED  THAT  SUCH
 RETIRED  POLICE  OFFICER IS DULY QUALIFIED, COMPETENT AND PHYSICALLY FIT
 FOR PERFORMANCE OF THE DUTIES OF THE POSITION IN WHICH THEY  ARE  TO  BE
 EMPLOYED  AS  DETERMINED  BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES AND IS PROPERLY CERTIFIED WHERE SUCH  CERTIFICATION
 IS  REQUIRED,  SHALL BE FIFTY THOUSAND DOLLARS FOR THE YEAR TWO THOUSAND
 TWENTY-SIX AND THEREAFTER.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through C of this act shall  be
 as specifically set forth in the last section of such Parts.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow retired police officers who are employed by a
 school district as a school resource  officer,  school  safety  officer,
 school  security  officer,  or  any other substantially similar position
 with an annual salary of $50,000 or less to continue  to  receive  their
 S. 4893                             5
 
 full  retirement  benefit  beginning with calendar year 2026. Currently,
 the salary limit is $35,000.
   Pursuant  to Section 25 of the Retirement and Social Security Law, the
 increased costs would be borne entirely by the State  of  New  York  and
 would  require  an  itemized appropriation sufficient to pay the cost of
 the provision.
   Insofar as this bill affects the New York State and  Local  Retirement
 System  (NYSLRS),  if this bill were enacted during the 2025 Legislative
 Session, the direct cost incurred would be the retiree's pension benefit
 paid while post-retirement earnings are between $35,000 and $50,000 each
 calendar year. The pension benefit expected to be  paid  by  the  NYSLRS
 during that 1-month period is estimated to be $7,500 per person.
   In addition to the direct cost quoted above, there would be additional
 costs  in  the  form  of lost employer contributions due to non-billable
 post-retirement earnings, which is estimated to be $2,250 per person.
   The number of members and retirees  who  could  be  affected  by  this
 legislation  cannot  be  readily  determined.  For  each retiree rehired
 pursuant to this proposal, an annual cost  of  $9,750  is  expected.  If
 large  numbers  of retirees are rehired into such positions, significant
 annual costs would result.
   Summary of relevant resources:
   Membership data as of March 31, 2024 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  Annual Report to the Comptroller on Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.  The  Market Assets and GASB Disclosures are found in the March
 31, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated February 12, 2025,  and  intended  for  use  only
 during  the  2025  Legislative  Session,  is Fiscal Note No. 2025-29. As
 Chief Actuary of the New York State  and  Local  Retirement  System,  I,
 Aaron  Schottin  Young,  hereby certify that this analysis complies with
 applicable Actuarial Standards of  Practice  as  well  as  the  Code  of
 Professional  Conduct  and Qualification Standards for Actuaries Issuing
 Statements of Actuarial Opinion of the American Academy of Actuaries, of
 which I am a member.