BILL NUMBER: S4893
SPONSOR: GALLIVAN
 
TITLE OF BILL:
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 limi-
tations for retired police officers employed as school resource officers
(Part C)
 
PURPOSE:
This omnibus school resource officer bill will establish a school
resource officer program that would be funded under school aid, to
designate such school resource officers as peace officers so as to
enable them to have full powers of arrest and public protection and to
increase the earnings limitations for retired police officers while
employed as school resource officers, from the current $30,000 per year
to $50,000 per year.
 
SUMMARY OF SPECIFIC PROVISIONS:
Part A:
This Part adds a new section 2801-c to the education law to:
*Define the term School Resource Officer to include a retired police
officer, retired deputy sheriff, or retired state trooper, or an active
duty police officer, deputy sheriff or state trooper;
*Authorize school districts to hire school resource officers, or
contract with the state, a county, city, town or village for their
services.
*Define the principal role of a school resource officer as providing
improved public safety and/or security on school grounds, and further
delineate additional roles of a school resource officer.
*Authorize school resource officers to carry and possess firearms during
the course of their duties if licensed to do so.
This Part of the bill would further amend sections 1950 and 3038 of the
education law, to make the hiring of a school resource officer by a
public school district or a charter school an aidable-shared service,
and to provide a reimbursement grant program for the hiring of a school
resource officer in a non-public school.
Part B:
This Part would amend section 2.10 of the criminal procedure law, to
expand the definition of peace officer to include retired police offi-
cers employed by a school district as a school resource officer.
Part C:
This Part would add a new subdivision four to section 212 of the retire-
ment and social security law to increase the earnings limitations for
retired police officers while employed as school resource officers or
school safety officers or other substantially similar positions, from
the current $30,000 per year to $50,000 per year. This bill would not
affect the current subdivision 3, which allows the commissioner of
education to completely remove such earnings limitations upon applica-
tion of a school district.
 
JUSTIFICATION:
School Resource Officers are great assets to school districts striving
to enhance school safety. As can been seen, they are not just hired
security guards. They collaborate with educators, parents, and children
to provide comprehensive security and educational services to the school
they serve. They develop educational programs, prevent drug abuse, and
minimize violence. They are educators, law enforcers, and counselors.
Police officers are ideal for this job, because of their specialized
knowledge that enhances a school's environmental safety planning and
facilities management, school-safety policy, and emergency response
preparedness.
This bill would provide a specific definition of School Resource Offi-
cer, requiring such persons to be experienced active duty or retired
members of law enforcement. It further provides, for the first time, an
important state aid component, which will allow all schools across the
state, to have the necessary funds to retain the services of such inval-
uable public protection. Because the cost of hiring a full-time police
officer to serve as a School Resource Officer is often prohibitive to
both police departments and school districts, to solve this financial
problem, a school district can hire a retired police officer, state
trooper or deputy sheriff to serve as their school resource officer.
Such individuals possess the necessary experience and training, but
could be paid less than an active duty police officer due to their
retired status. These retired officers' however, no longer possess the
same legal peace officer status that they did when they were on active
duty. This bill seeks to correct this important issue by providing
those retired police officers who are employed as School Resource Offi-
cers with full peace officer powers. These powers include the ability to
arrest as well as to carry an armed weapon on school grounds while on
duty. These powers thereby enable a School Resource Officer to effec-
tively protect the school, its students, faculty and visitors from
wrongdoers.
It should be noted that this bill in no way grants a school district any
licensing authority for the School Resource Officer to carry a firearm,
and such retired police officer would still have to be licensed pursuant
to all the requirements and standards of section 400 of the Penal Law.
Additionally, as noted above, as retired police officers, state troopers
and deputy sheriffs are an extremely well-qualified, and affordable
alternative to traditional active duty police officers, deputy sheriffs
and state troopers as any effort to protect our students, faculty and
visitors at schools, this bill would further address another important
legal impediment concerning their employment as School Resource Offi-
cers, the state's earnings limitations law.
Currently, retired public employees must apply for a Waiver in order to
earn more than $30,000 per year. This process can often become burden-
some and time consuming.
As a result, the present cap on earnings can thereby deter those best
qualified, and most experienced to provide the highest quality public
protection from becoming school resource officers.
This bill would allow school districts to hire retired police officers
without needing a Waiver for an annual salary of less than $50,000. As
School Resource Officers most often only work during the school year
(180 days) and as they already have a retirement income and in most
cases benefits such as health care, this new, increased earnings limita-
tion seeks to provide a sufficient and reasonable incentive for these
trained, experienced former police officers to provide service in this
new and important role.
 
LEGISLATIVE HISTORY:
2023-24: S.6148A/A.6453A Referred to Education
2021-22: S.4286A/A.9432 Referred to Education
2019-20: S.1330/A.5480 Referred to Education
2017-18: S.8381a Referred to Education
 
FISCAL IMPLICATIONS:
See fiscal note attached (Part C)
 
EFFECTIVE DATE:
This act would take effect immediately.

Statutes affected:
S4893: 1950 education law, 1950(4) education law, 2.10 criminal procedure law, 212 retirement and social security law