2022 -- S 2560

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LC005440

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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 EDUCATION -- TEACHERS' RETIREMENT

     Introduced By: Senator Stephen R. Archambault

     Date Introduced: March 04, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-16 of the General Laws entitled "Teachers' Retirement [See Title

16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding thereto

the following section:

     16-16-24.1. Substitute teaching and post-retirement employment related to COVID-

19.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any

teacher, administrator or staff member, who has retired under the provisions of title 16, 36, or 45

may, as part of the public health crisis caused by COVID-19, exceed the ninety (90) day cap on

post-retirement employment upon:

     (1) A determination by the local education authority that there exists a specialized need,

within their authority, to fill positions on a temporary basis, that may exceed the ninety (90) day

cap on post-retirement employment;

     (2) There exists a good faith basis that those retired teachers, administrators and staff

members being asked to exceed the ninety (90) day cap on post-retirement employment, possess

the skills, training and knowledge necessary to help address the public health crisis, caused by

COVID-19; and

     (3) The local education authority has notified the state retirement board, that it has

determined that exceeding the ninety (90) day cap on post-retirement employment, is necessary to

help address the public health crisis caused by COVID-19.

     (b) Any teacher, administrator or staff member who has retired under the provisions of title

16, 36, or 45 and has been employed or re-employed, under the provisions of this section shall not

be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.

     SECTION 2. Chapter 36-10 of the General Laws entitled "Retirement System -

Contributions and Benefits" is hereby amended by adding thereto the following section:

     36-10-36.1. Post-retirement employment related to COVID-19.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary any

teacher, administrator or staff member who has retired under the provisions of title 16, 36, or 45

may, as part of the public health crisis caused by COVID-19, exceed the seventy-five (75) day cap

on post-retirement employment upon:

     (1) A determination by the local education authority that there exists a specialized need

within their authority, to fill positions on a temporary basis, that may exceed the seventy-five (75)

day cap on post-retirement employment; and

     (2) There exists a good faith basis that those retired teachers, administrators and staff

members being asked to exceed the seventy-five (75) day cap on post-retirement employment,

possess the skills, training and knowledge necessary to help address the public health crisis caused

by COVID-19; and

     (3) The local education authority has notified the state retirement board that it has

determined that exceeding the seventy-five (75) day cap on post-retirement employment is

necessary to help address the public health crisis caused by COVID-19.

     (b) Any teacher, administrator or staff member who has retired under the provisions of title

16, 36, or 45 and has been employed or re-employed, under the provisions of this section shall not

be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.

     SECTION 3. Chapter 45-21 of the General Laws entitled "Retirement of Municipal

Employees" is hereby amended by adding thereto the following section:

     45-21-54.1. Reemployment of retired members related to COVID-19.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any

teacher, administrator or staff member who has retired under the provisions of title 16, 36, or 45

may, as part of the public health crisis caused by COVID-19, exceed the seventy-five (75) day cap

on post-retirement employment upon:

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     (1) A determination by the local education authority that there exists a specialized need,

within their authority, to fill positions on a temporary basis, that may exceed the seventy-five (75)

day cap on post-retirement employment; and

     (2) There exists a good faith basis that those retired teachers, administrators and staff

members being asked to exceed the seventy-five (75) day cap on post-retirement employment

possess the skills, training and knowledge necessary to help address the public health crisis caused

by COVID-19; and

     (3) The local education authority has notified the state retirement board that it has

determined that exceeding the seventy-five (75) day cap on post-retirement employment is

necessary to help address the public health crisis caused by COVID-19.

     (b) Any teacher, administrator or staff member who has retired under the provisions of title

16, 36, or 45 and has been employed or re-employed under the provisions of this section shall not

be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset upon the conclusion

the 2021-2022 school year.

     SECTION 4. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is hereby

amended by adding thereto the following section:

     31-22-11.6.1. Child care vehicles and school extracurricular vehicles - COVID-19.

     (a) Notwithstanding § 31-31-11.6, or any general law, rule or regulation to the contrary,

effective upon the effective date of this section, due to the public health crisis caused by COVID-

19, the requirement of using designated types of vehicles for specified routes as contained in § 31-

22-11.6(a)(2)(i) is hereby suspended, for student transportation providers ("Providers") retained by

or via the Rhode Island department of education ("RIDE") to provide student transportation

services. For such routes, retained providers may utilize:

     (1) School buses, as defined in § 31-1-3(aa);

     (2) Pupil transportation vehicles, as defined in § 31-22.1-1;

     (3) School extra-curricular vehicles as defined in § 31-22-11.6(a)(2)(ii);

     (4) Child care vehicles as defined in § 31-22-11.6(a)(2)(iii); and

     (5) Family child care home vehicles as defined in § 31-22- 11.6(a)(2)(iv).

     (b) Vehicles authorized pursuant to subsection (a) of this section to transport students shall

also be in compliance with the applicable laws, rules and regulations related to student

transportation vehicles and shall:

     (1) Carry a sign on the school bus visible from the front and back of the vehicle containing

the lettering required by § 31-20-11;

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     (2) Be equipped with Type I Class A turn signal lamps, which shall have a four (4) way

hazard warning signal switch to cause simultaneous flashing of the turn signal lamps which may

be activated when the vehicle is approaching a stop to load or discharge school students and when

needed as a vehicular traffic hazard warning. Each vehicle shall also be equipped with front and

rear alternating flashing school bus red signal lamps, which shall remain flashing when school

pupils are entering or leaving the vehicle; and

     (3) Be equipped with one pair of adequate chock blocks and three (3) flares in compliance

with United States Motor Vehicle D.O.T. Safety Standard No. 125.

     (c) The prohibition against school extracurricular vehicles from having amber or red

flashing lights as contained in 280-RICR-30-15-8.5(B)(l) is hereby suspended.

     (d) Retained providers may utilize student transportation vehicles currently registered in

Massachusetts or Connecticut to provide student transportation services in Rhode Island; provided

that:

     (1) Each student transportation vehicle has current, valid Massachusetts or Connecticut

registration and inspection stickers;

     (2) Each student transportation vehicle is covered by an insurance policy meeting the

requirements of § 31-22-10.1;

     (3) The Rhode Island department of education has verified compliance of subsections

(d)(1) and (d)(2) of this section; and

     (4) The retained provider complies with the registration requirement for each student

transportation vehicle pursuant to § 31-7-2 by the sunset date of this section.

     (e) The license requirements contained in §§ 31-10-5, 31-22.1-3(10), and 31-22-

11.6(b)(10) are hereby suspended for drivers currently licensed in Massachusetts or Connecticut to

operate student transportation vehicles and employed by retained providers pursuant to subsection

(a) of this section and furthermore, the provider driver may operate student transportation vehicles

appropriate for their licensure; provided that:

     (1) As applicable, the provider driver possesses a current, valid Massachusetts or

Connecticut commercial driver's license with a "P" and "S" endorsement and a current, valid

Massachusetts school bus certificate if licensed in Massachusetts.

     (2) As applicable, the provider driver possesses a current, valid Massachusetts or

Connecticut driver's license that is the equivalent of a Rhode Island license with the appropriate

endorsement(s) allowing the transportation of school children.

     (3) RIDE has verified compliance with subsections (e)(1) and (e)(2) of this section.

     (4) As applicable, the provider driver obtains a school bus certificate governed by 280-

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RICR-30-05-2 prior to the sunset of this section.

     (5) As applicable, the provider driver obtains a pupil transportation certificate governed by

280-RICR-30-05-5 prior to the sunset of this section.

     (6) The provider driver complies with license requirements under §§ 31-10-5, 31-22.1-

3(10), and 31-22-11.6(b)(10) prior to the date of sunset of this section.

     (f) Unless extended by the general assembly this section shall sunset upon the conclusion

of the 2021-2022 school year.

     SECTION 5. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by

adding thereto the following section:

     5-34-31.1. Practices and persons exempt - COVID-19.

     (a) Notwithstanding the provisions of § 5-34-31, or any general law, rule or regulation to

the contrary, upon the effective date of this section, due to the public health crisis caused by

COVID-19, the exemption in § 5-34-31(2) relating to the practice of nursing "pending the results

of the licensing examinations following that graduation" is hereby suspended for registered nurse

graduates; provided that, the registered nurse graduates shall:

     (1) Apply and receive a temporary graduate nursing license that is valid for a period not

exceeding ninety (90) days;

     (2) Work under the supervision of licensed registered nurses; and

     (3) Comply with other applicable requirements.

     (b) The Rhode Island department of health shall promulgate and enforce any rules and

regulations necessary to implement this section.

     (c) Unless extended by the general assembly, this section shall sunset on June 30, 2022.

     SECTION 6. 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 -- TEACHERS' RETIREMENT

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     This act would temporarily suspend the cap on the amount of days retired educators can

work without penalty and would suspend certain requirements related to the transportation of pupils

both of which would sunset at the end of the 2021-2022 school year. This act would also ease the

work requirements for registered nurse graduates pending licensure and would sunset on June 30,

2022.

     This act would take effect upon passage.

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