2023 -- S 0381
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LC001609
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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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, Euer, LaMountain, DiMario, Lawson,
and Britto
Date Introduced: February 16, 2023
Referred To: Senate 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 1
Action" is hereby amended to read as follows: 2
9-1-31. Public school teachers, supervisors, and administrators — Immunity from 3
liability — Compensation for certain injuries — Duty upon school committees and board of 4
regents. Public school teachers, supervisors, administrators and employees whose position 5
directly involves work with students — Immunity from liability — Compensation for certain 6
injuries — Duty upon school committees and board of regents. 7
(a) Each school committee and the board of regents shall protect and save harmless (1) any 8
public school teacher, (2) any supervisor, administrator, or licensed professional employee, (3) any 9
employee whose position requires a certificate from the department of education or board of regents 10
for elementary and secondary education, (4) any employee whose position directly involves work 11
with students, and (5) any employee of the board of regents from financial loss and expense, 12
including legal fees and costs, if any, arising out of any claim, demand, or suit for actions resulting 13
in accidental bodily injury to or death of any person, or in accidental damage to or destruction of 14
property, within or without the school building, or any other acts, including but not limited to 15
infringement of any person’s civil rights, resulting in any injury, which acts are not wanton, 16
reckless, malicious, or grossly negligent, as determined by a court of competent jurisdiction, 17
provided the teacher, supervisor, or administrator, at the time of the acts resulting in the injury, 18
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death, damages, or destruction, was acting in the discharge of his or her duties or within the scope 1
of his or her employment or under the direction of the school committee or the board of regents. 2
(b) For the purpose of this section, the term “teacher” shall include any student teacher 3
doing practice teaching under the direction of a teacher employed by a school committee or the 4
board of regents. 5
(c) Each school committee and the board of regents shall protect and save harmless any 6
teacher or any supervisor, employee whose position directly involves work with students, or 7
administrator from financial loss and expense, including payment of expenses reasonably incurred 8
for medical or other service, necessary as a result of an assault upon the teacher, supervisor, 9
employee whose position directly involves work with students, or administrator while the person 10
was acting in the discharge of his or her duties within the scope of his or her employment or under 11
the direction of the school committee or the board of regents, which expenses are not paid by the 12
individual teacher’s, supervisor’s, employee's or administrator’s workers’ compensation. 13
(d) Any teacher, supervisor, employee whose position directly involves work with students, 14
or administrator absent from his or her employment as a result of injury sustained during an assault 15
upon the teacher, supervisor, employee whose position directly involves work with students, or 16
administrator that occurred while the teacher, supervisor, employee, or administrator was 17
discharging his or her duties within the scope of his or her employment or under the direction of 18
the school committee or the board of regents, or for a court appearance in connection with the 19
assault, shall continue to receive his or her full salary, while so absent, except that the amount of 20
any workers’ compensation award may be deducted from his or her salary payments during the 21
absence. The time of the absence shall not be charged against the teacher’s, supervisor’s, 22
employee's or administrator’s sick leave, vacation time, or personal leave days. 23
(e) A person so injured in accordance with subdivision subsection (d) above of this section 24
and who receives a disability therefrom, which renders them unable to fully perform their normal 25
duties, shall, if the disability continues for a period of one year, apply to the Rhode Island 26
employees retirement system for appropriate benefits for which that person is entitled. 27
SECTION 2. This act shall take effect upon passage. 28
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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 1
involves work with students for accidental injury or damage. The act further provides compensation 2
for certain injuries received by school employees whose position involves work with students. 3
This act would take effect upon passage. 4
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LC001609
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