law23264

Chapter 264

2023 -- S 0381 AS AMENDED
Enacted 06/22/2023

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION

Introduced By: Senators F. Lombardi, Ciccone, Euer, LaMountain, DiMario, Lawson, and Britto

Date Introduced: February 16, 2023

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, administrators and employees whose position

directly involves work with students — 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, and (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 their duties or within the

scope of his or her their 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.

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

(hereinafter referred to as "employee"), 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, employee, or administrator while the person was acting in the

discharge of his or her their duties within the scope of his or her their 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, employee's or administrator’s workers’ compensation.

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

(hereinafter referred to as "employee"), or administrator absent from his or her their employment

as a result of injury sustained during an assault upon the teacher, supervisor, employee, or

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

discharging his or her their duties within the scope of his or her their 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 their full salary, while so absent, except that

the amount of any workers’ compensation award may be deducted from his or her their salary

payments during the absence. The time of the absence shall not be charged against the teacher’s,

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

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

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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LC001609

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