2023 -- H 6284

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LC002796

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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 EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Shanley, Craven, Solomon, Casimiro, O'Brien, Dawson,
Noret, Kennedy, Vella-Wilkinson, and Cardillo

     Date Introduced: April 19, 2023

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-42. School security volunteer program.

     (a) In this section:

     (1)"Honorably retired" means the applicant did not retire in lieu of any disciplinary action,

was eligible to retire from the law enforcement agency or other former employer, or was eligible

to retire only as a result of an injury received in the course of the applicant's employment, and is

entitled to receive a pension as a law enforcement officer, if the applicant is a former law

enforcement officer and the department from which the officer retired offered a pension to its

retirees.

     (2) "Qualified retired law enforcement officer" means a person who:

     (i) Meets the qualifications provided by 18 U.S.C. Section 926C (c); and

     (ii) Is honorably retired.

     (3) "Veteran" means a person who has served in:

     (i) The Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States; or

     (ii) The Rhode Island National Guard or reserve forces; and

     (iii) Has been honorably discharged from the branch of service which they served.

     (b) This section applies to any school district or charter school.

     (c) The commissioner of the Rhode Island department of education, may approve a

program under which any school may provide written regulations or written authorization for

eligible persons to serve as school security volunteers by:

     (1) Providing security services for the school on school grounds, including any location in

which an activity sponsored by the school is being conducted, and in school vehicles; and

     (2) Carrying a handgun in providing the security services under this section;

     (d) A person is eligible to serve as a school security volunteer for a program approved

under this section only if:

     (1) The person is not:

     (i) An employee of the school;

     (ii) A contractor providing services under a contract with the school; or

     (iii) A person who otherwise receives compensation or remuneration from the school;

     (2) The person is:

     (i) A qualified retired law enforcement officer;

     (ii) A military firearm trained veteran; and

     (3) The commissioner determines the person is eligible based on the results of a national

and state criminal background check conducted on the person using criminal history record

information obtained by the school in accordance with § 16-2-18.1 and meets all eligibility criteria

as established by the commissioner.

     (e) A school that approves a program under this section shall include the program in the

school safety plan, school emergency response plan, and school crisis response plans pursuant to §

16-21-24 to ensure, in an emergency, coordination with the department of health and local

emergency management agencies, law enforcement agencies, health departments, and fire

departments.

     (f) A school that approves a program under this section shall provide to each school security

volunteer a course of instruction on the safety and security policies of the school and instruction

about the school emergency operations plan adopted under § 16-21-24.

     (g) A school security volunteer is immune from civil liability to the same extent as a

professional employee of a school district under § 9-1-31. This subsection does not limit the

liability of a person for intentional misconduct or gross negligence.

     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 EDUCATION -- HEALTH AND SAFETY OF PUPILS

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     This act would provide for the creation of a volunteer school security force.

     This act would take effect upon passage.

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LC002796

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