2022 -- S 2525 | |
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LC004843 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY-- | |
CAUSES OF ACTION | |
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Introduced By: Senators F Lombardi, Ciccone, Lombardo, Gallo, and McCaffrey | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-1-31 of the General Laws in Chapter 9-1 entitled "Causes of |
2 | Action" is hereby amended to read as follows: |
3 | 9-1-31. Public school teachers, supervisors, and administrators -- Immunity from |
4 | liability -- Compensation for certain injuries -- Duty upon school committees and board of |
5 | regents. Public school teachers, supervisors, employees whose position directly involves work |
6 | with students, and administrators -- Immunity from liability -- Compensation for certain |
7 | injuries -- Duty upon school committees and board of regents. |
8 | (a) Each school committee and the board of regents shall protect and save harmless |
9 | (1) any public school teacher, (2) any supervisor, administrator, or licensed professional |
10 | employee, (3) any employee whose position requires a certificate from the department of education |
11 | or board of regents for elementary and secondary education, (4) any employee whose position |
12 | directly involves work with students, and (5) any employee of the board of regents from financial |
13 | loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit |
14 | for actions resulting in accidental bodily injury to or death of any person, or in accidental damage |
15 | to or destruction of property, within or without the school building, or any other acts, including but |
16 | not limited to infringement of any person's civil rights, resulting in any injury, which acts are not |
17 | wanton, reckless, malicious, or grossly negligent, as determined by a court of competent |
18 | jurisdiction, provided the teacher, supervisor, or administrator, at the time of the acts resulting in |
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1 | the injury, death, damages, or destruction, was acting in the discharge of his or her duties or within |
2 | the scope of his or her employment or under the direction of the school committee or the board of |
3 | regents. |
4 | (b) For the purpose of this section, the term "teacher" shall include any student teacher |
5 | doing practice teaching under the direction of a teacher employed by a school committee or the |
6 | board of regents. |
7 | (c) Each school committee and the board of regents shall protect and save harmless any |
8 | teacher or any supervisor, employee whose position directly involves work with students, or |
9 | administrator from financial loss and expense, including payment of expenses reasonably incurred |
10 | for medical or other service, necessary as a result of an assault upon the teacher, supervisor, |
11 | employee whose position directly involves work with students, or administrator while the person |
12 | was acting in the discharge of his or her duties within the scope of his or her employment or under |
13 | the direction of the school committee or the board of regents, which expenses are not paid by the |
14 | individual teacher's, supervisor's, employee's or administrator's workers' compensation. |
15 | (d) Any teacher, supervisor, employee whose position directly involves work with students, |
16 | or administrator absent from his or her employment as a result of injury sustained during an assault |
17 | upon the teacher, supervisor, employee whose position directly involves work with students, or |
18 | administrator that occurred while the teacher, supervisor, employee, or administrator was |
19 | discharging his or her duties within the scope of his or her employment or under the direction of |
20 | the school committee or the board of regents, or for a court appearance in connection with the |
21 | assault, shall continue to receive his or her full salary, while so absent, except that the amount of |
22 | any workers' compensation award may be deducted from his or her salary payments during the |
23 | absence. The time of the absence shall not be charged against the teacher's, supervisor's, employee's |
24 | or administrator's sick leave, vacation time, or personal leave days. |
25 | (e) A person so injured in accordance with subdivision subsection (d) above of this section |
26 | and who receives a disability therefrom, which renders them unable to fully perform their normal |
27 | duties, shall, if the disability continues for a period of one year, apply to the Rhode Island |
28 | employees retirement system for appropriate benefits for which that person is entitled. |
29 | SECTION 2. This act shall take effect upon passage. |
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LC004843 | |
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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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1 | This act would provide immunity from liability for school employees whose position |
2 | involves work with students for accidental injury or damage. The act further provides compensation |
3 | for certain injuries received by school employees whose position involves work with students. |
4 | This act would take effect upon passage. |
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LC004843 | |
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