2023 -- H 5564 SUBSTITUTE A

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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, administrators and employees whose position

directly involves work with students — 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, and (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,

employee whose position directly involves work with students, 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, employee's whose position directly involves work with students

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's 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 subsection (d) above of this section

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 provide immunity from liability for school employees whose position

involves work with students for accidental injury or damage. The act further provides compensation

for certain injuries received by school employees whose position involves work with students.

     This act would take effect upon passage.

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