Train School Safety Officers

Section 1. The education law is amended by adding a new section 2801-c to read as follows:

§ 2801-c. New York state school resource officer program. 1. For purposes of this section, the term "school resource officer" shall mean a school resource officer, school safety officer, school security officer, or any other substantially similar position or office whose purpose is to provide improved public safety and/or security on school grounds.

2. Any boards of cooperative educational services, public or nonpublic school which is not in a city school district in a city having a population of one million or more may employ, in either the classified or unclassified service, any school resource officer. Such school resource officer shall be: (a) a retired police officer, a retired state trooper, or a retired deputy sheriff and who, once a certification process is established, is certified as a school resource officer under section

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00319-07-9

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twenty-eight hundred one-d of this article; or (b) an active duty state trooper, police officer in the service of a town, city or village, or deputy sheriff from a county sheriff's department.

3. Any boards of cooperative educational services, public or nonpublic school which is not in a city school district in a city having a population of one million or more may contract with the state of New York, or a county, city, town or village, for the provision of a state trooper, police officer or deputy sheriff, to serve as a school resource officer. A board of cooperative educational services or school district which is not in a city school district in a city having a population of one million or more shall be authorized to employ or contract for as many school resource officers as such board of cooperative educational services or district deems necessary.

4. It shall be the primary role of the school resource officer to provide improved public safety and/or security on school grounds through community policing techniques, investigative measures, and tactical preparedness. In addition to such primary role, school resource officers also may serve additional roles, including but not limited to:

(a) Proposing and enforcing policies and administrative procedures related to school safety;

(b) Utilizing technology in the implementation of a comprehensive safety program;

(c) Serving as a liaison with other school officials and other community agencies, including but not limited to, other law enforcement entities, courts, health care entities, and mental health entities;

(d) Proposing and implementing strategies concerning prevention, response and recovery efforts for incidents and/or emergency situations occurring on school grounds and/or involving students, faculty, administration or visitors to the school;

(e) Proposing and assisting in the execution of school emergency drills and proposing and assisting in the creation of school safety plans;

(f) Providing educational and mentoring services to students;

(g) Assisting in the design, explanation and enforcement of school safety and security policies and procedures; and

(h) Performing such other and further roles, responsibilities and activities as the school district may deem appropriate and proper for a law enforcement officer to perform, in order to advance the security, safety and well-being of students, faculty, administration and visitors to the school district's schools, transportation vehicles and school grounds.

5. Such school resource officer may carry and possess firearms during the course of their duties at such school district, but nothing in this subdivision shall be deemed to authorize such school resource officer to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to section 400.00 of the penal law.

§ 2. The education law is amended by adding a new section 2801-d to read as follows:

§ 2801-d. New York state school resource officer certification program. 1. For purposes of this section, the term "school resource officer" shall mean a school resource officer, school safety officer, school security officer, or any other substantially similar position or office whose purpose is to provide improved public safety and/or security on school grounds.

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2. The department shall, utilizing boards of cooperative educational services, establish a school resource officer training program to certify retired police officers, retired deputy sheriffs, and retired state troopers as school resource officers as well as a school resource officer recertification program to recertify school resource officers who have previously completed and passed the department's school resource officer certification program. Such programs shall be designed by the department to include, but not be limited to, counseling techniques, community policing practices, gender and racial sensitivity awareness, and field and tactical training for prevention and response to incidents. The department shall utilize current or retired police officers, in order to train school resource officers in any police related or tactical training provided for certification. The certifications granted from such programs shall expire one year after the program was completed and passed.

3. The department shall separately offer the school resource officer training program and the school resource officer recertification program at least once per year per county.

§ 3. Section 2.10 of the criminal procedure law is amended by adding a new subdivision 86 to read as follows:

86. Retired police officers, retired state troopers, or retired deputy sheriffs employed by boards of cooperative educational services or a school district as a school resource officer; provided, however, that nothing in this subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to section 400.00 of the penal law.

§ 4. Subdivision 3 of section 212 of the retirement and social security law, as added by section 1 of part Y of chapter 55 of the laws of 2013, is amended to read as follows:

3. Notwithstanding the provisions of subdivisions one and two of this section, the commissioner of education may determine, pursuant to section two hundred eleven of this article, that such earnings limitations shall not apply to a retired police officer, retired state trooper or retired deputy sheriff employed by boards of cooperative educational services or a school district as a school resource officer; or to a retired police officer, retired state trooper, or retired deputy sheriff who is employed as a school resource officer by a county, city, town or village police department pursuant to a contract with a school district to provide such services.

§ 5. This act shall take effect immediately.

FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

Insofar as this bill will affect the New York State and Local Employ-

ees' Retirement System (ERS) and the New York State and Local Police and

Fire Retirement System (PFRS), this bill will allow the commissioner of

education to determine that the earnings limitations set forth in

section two hundred twelve shall not apply to retired police officers,

retired state troopers and retired deputy sheriffs who are employed as a

school resource officer by either a board of cooperative educational

services or a school district, or by a county, city, town or village

police department pursuant to a contract with a school district to

provide such services. Currently, this privilege is only allowed to

retired police officers who are employed as a school resource officer by

a school district.

If this bill is enacted, we expect few retirees to be affected. There

would be negligible additional annual costs. However, if large numbers

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of retirees are hired into such positions, there would be additional

annual costs which would be shared by the state of New York and all of

the participating employers in the System.

Summary of relevant resources:

The membership data used in measuring the impact of the proposed

change was the same as that used in the March 31, 2019 actuarial valu-

ation. Distributions and other statistics can be found in the 2019

Report of the Actuary and the 2019 Comprehensive Annual Financial

Report.

The actuarial assumptions and methods used are described in the 2015,

2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial

Assumptions, and the Codes, Rules and Regulations of the State of New

York: Audit and Control.

The Market Assets and GASB Disclosures are found in the March 31, 2019

New York State and Local Retirement System Financial Statements and

Supplementary Information.

I am a member of the American Academy of Actuaries and meet the Quali-

fication Standards to render the actuarial opinion contained herein.

This fiscal note does not constitute a legal opinion on the viability

of the proposed change nor is it intended to serve as a substitute for

the professional judgment of an attorney.

This estimate, dated December 6, 2019, and intended for use only

during the 2020 Legislative Session, is Fiscal Note No. 2020-19,

prepared by the Actuary for the New York State and Local Retirement

System.