2023 -- H 5564

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LC001125

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY --

CAUSES OF ACTION

     Introduced By: Representatives Craven, O'Brien, and Dawson

     Date Introduced: February 15, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-1-31 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

     9-1-31. Public school teachers, supervisors, and administrators — Immunity from

liability — Compensation for certain injuries — Duty upon school committees and board of

regents. Public school teachers, supervisors, employees whose position directly involves work

with students and administrators — Immunity from liability — Compensation for certain

injuries — Duty upon school committees and board of regents.

     (a) Each school committee and the board of regents shall protect and save harmless

     (1) any public school teacher

     (2) any supervisor, administrator, or licensed professional employee

     (3) any employee whose position requires a certificate from the department of education

or board of regents for elementary and secondary education

     (4) any employee whose position directly involves work with students

     (5) any employee of the board of regents

     from financial loss and expense, including legal fees and costs, if any, arising out of any

claim, demand, or suit for actions resulting in accidental bodily injury to or death of any person, or

in accidental damage to or destruction of property, within or without the school building, or any

other acts, including but not limited to infringement of any person’s civil rights, resulting in any

injury, which acts are not wanton, reckless, malicious, or grossly negligent, as determined by a

court of competent jurisdiction, provided the teacher, supervisor, or administrator, at the time of

the acts resulting in the injury, death, damages, or destruction, was acting in the discharge of his or

her duties or within the scope of his or her employment or under the direction of the school

committee or the board of regents.

     (b) For the purpose of this section, the term “teacher” shall include any student teacher

doing practice teaching under the direction of a teacher employed by a school committee or the

board of regents.

     (c) Each school committee and the board of regents shall protect and save harmless any

teacher or any, supervisor, employee whose position directly involves work with students or

administrator from financial loss and expense, including payment of expenses reasonably incurred

for medical or other service, necessary as a result of an assault upon the teacher, supervisor, or

administrator while the person was acting in the discharge of his or her duties within the scope of

his or her employment or under the direction of the school committee or the board of regents, which

expenses are not paid by the individual teacher’s, supervisor’s, or administrator’s workers’

compensation.

     (d) Any teacher, supervisor, employee whose position directly involves work with students

or administrator absent from his or her employment as a result of injury sustained during an assault

upon the teacher, supervisor, employee whose position directly involves work with students or

administrator that occurred while the teacher, supervisor, employee whose position directly

involves work with students or administrator was discharging his or her duties within the scope of

his or her employment or under the direction of the school committee or the board of regents, or

for a court appearance in connection with the assault, shall continue to receive his or her full salary,

while so absent, except that the amount of any workers’ compensation award may be deducted

from his or her salary payments during the absence. The time of the absence shall not be charged

against the teacher’s, supervisor’s, employee whose position directly involves work with students

or administrator’s sick leave, vacation time, or personal leave days.

     (e) A person so injured in accordance with subdivision (d) above and who receives a

disability therefrom, which renders them unable to fully perform their normal duties, shall, if the

disability continues for a period of one year, apply to the Rhode Island employees retirement system

for appropriate benefits for which that person is entitled.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY --

CAUSES OF ACTION

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     This act would add immunity from liability and provide compensation for certain injuries

for employees whose position within school directly involves work with students.

     This act would take effect upon passage.

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