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

     

     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:

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     SECTION 1. Section 9-1-31 of the General Laws in Chapter 9-1 entitled "Causes of

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Action" is hereby amended to read as follows:

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     9-1-31. Public school teachers, supervisors, and administrators -- Immunity from

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liability -- Compensation for certain injuries -- Duty upon school committees and board of

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regents. Public school teachers, supervisors, employees whose position directly involves work

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with students, and administrators -- Immunity from liability -- Compensation for certain

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injuries -- Duty upon school committees and board of regents.

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     (a) Each school committee and the board of regents shall protect and save harmless

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     (1) any public school teacher, (2) any supervisor, administrator, or licensed professional

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employee, (3) any employee whose position requires a certificate from the department of education

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or board of regents for elementary and secondary education, (4) any employee whose position

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directly involves work with students, and (5) any employee of the board of regents from financial

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loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit

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for actions resulting in accidental bodily injury to or death of any person, or in accidental damage

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to or destruction of property, within or without the school building, or any other acts, including but

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not limited to infringement of any person's civil rights, resulting in any injury, which acts are not

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wanton, reckless, malicious, or grossly negligent, as determined by a court of competent

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jurisdiction, provided the teacher, supervisor, or administrator, at the time of the acts resulting in

 

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the injury, death, damages, or destruction, was acting in the discharge of his or her duties or within

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the scope of his or her employment or under the direction of the school committee or the board of

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regents.

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     (b) For the purpose of this section, the term "teacher" shall include any student teacher

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doing practice teaching under the direction of a teacher employed by a school committee or the

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board of regents.

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     (c) Each school committee and the board of regents shall protect and save harmless any

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teacher or any supervisor, employee whose position directly involves work with students, or

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administrator from financial loss and expense, including payment of expenses reasonably incurred

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for medical or other service, necessary as a result of an assault upon the teacher, supervisor,

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employee whose position directly involves work with students, or administrator while the person

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was acting in the discharge of his or her duties within the scope of his or her employment or under

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the direction of the school committee or the board of regents, which expenses are not paid by the

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individual teacher's, supervisor's, employee's or administrator's workers' compensation.

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     (d) Any teacher, supervisor, employee whose position directly involves work with students,

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or administrator absent from his or her employment as a result of injury sustained during an assault

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upon the teacher, supervisor, employee whose position directly involves work with students, or

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administrator that occurred while the teacher, supervisor, employee, or administrator was

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discharging his or her duties within the scope of his or her employment or under the direction of

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the school committee or the board of regents, or for a court appearance in connection with the

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assault, shall continue to receive his or her full salary, while so absent, except that the amount of

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any workers' compensation award may be deducted from his or her salary payments during the

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absence. The time of the absence shall not be charged against the teacher's, supervisor's, employee's

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or administrator's sick leave, vacation time, or personal leave days.

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     (e) A person so injured in accordance with subdivision subsection (d) above of this section

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and who receives a disability therefrom, which renders them unable to fully perform their normal

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duties, shall, if the disability continues for a period of one year, apply to the Rhode Island

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employees retirement system for appropriate benefits for which that person is entitled.

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     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

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

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

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     This act would take effect upon passage.

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