2020 -- H 7196

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LC003521

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

     RELATING TO COURTS AND CIVIL PROCEDURE - CAUSES OF ACTION

     Introduced By: Representatives Jacquard, Amore, Craven, Shekarchi, and Ruggiero

     Date Introduced: January 22, 2020

     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'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 (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 - 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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LC003521

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