The bill authorizes certain public entities, such as sheriffs, county commissions, local chiefs of police, and city councils, to contract with nonpublic K-12 schools—including private, church, parochial, and religious schools—as well as home-schooling entities, to provide school resource officers. However, these contracts can only be established if the governmental entities already provide school resource officers to all public K-12 schools in their jurisdiction. Additionally, any contract will become void if the public entities cease to provide school resource officers to public schools. The nonpublic schools are required to fully reimburse the public entities for the costs associated with the school resource officers, including salary and benefits.

Furthermore, the bill mandates that nonpublic schools must maintain occurrence-based liability insurance that is primary coverage and consistent with the insurance carried by the public entities. The insurance policy must also name the relevant public officials as additional insureds. If the nonpublic school fails to maintain the required insurance during the contract term, it assumes liability for any actions taken by the school resource officer. The bill also clarifies that it does not waive any existing immunities or statutory caps on damages for the public entities involved. The act is set to take effect on June 1, 2024.

Statutes affected:
Introduced: 16-1-44