Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0381 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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5		-	2023 -- S 0381 ~~AS AMENDED~~
	5	+	2023 -- S 0381
6	6		========
7	7		LC001609
8	8		========
9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
16	16		CAUSES OF ACTION
17	17		Introduced By: Senators F. Lombardi, Ciccone, Euer, LaMountain, DiMario, Lawson,
18	18		and Britto
19	19		Date Introduced: February 16, 2023
20	20		Referred To: Senate Judiciary
21	21
22	22
23	23		It is enacted by the General Assembly as follows:
24	24		SECTION 1. Section 9-1-31 of the General Laws in Chapter 9-1 entitled "Causes of 1
25	25		Action" is hereby amended to read as follows: 2
26	26		9-1-31. Public school teachers, supervisors, and administrators — Immunity from 3
27	27		liability — Compensation for certain injuries — Duty upon school committees and board of 4
28	28		regents. Public school teachers, supervisors, administrators and employees whose position 5
29	29		directly involves work with students — Immunity from liability — Compensation for certain 6
30	30		injuries — Duty upon school committees and board of regents. 7
31	31		(a) Each school committee and the board of regents shall protect and save harmless (1) any 8
32	32		public school teacher, (2) any supervisor, administrator, or licensed professional employee, (3) any 9
33	33		employee whose position requires a certificate from the department of education or board of regents 10
34	34		for elementary and secondary education, (4) any employee whose position directly involves work 11
35	35		with students, and (5) any employee of the board of regents from financial loss and expense, 12
36	36		including legal fees and costs, if any, arising out of any claim, demand, or suit for actions resulting 13
37	37		in accidental bodily injury to or death of any person, or in accidental damage to or destruction of 14
38	38		property, within or without the school building, or any other acts, including but not limited to 15
39	39		infringement of any person’s civil rights, resulting in any injury, which acts are not wanton, 16
40	40		reckless, malicious, or grossly negligent, as determined by a court of competent jurisdiction, 17
41	41		provided the teacher, supervisor, or administrator, at the time of the acts resulting in the injury, 18
42	42
43	43
44	44		LC001609 - Page 2 of 3
45	45		death, damages, or destruction, was acting in the discharge of his or her duties or within the scope 1
46	46		of his or her employment or under the direction of the school committee or the board of regents. 2
47	47		(b) For the purpose of this section, the term “teacher” shall include any student teacher 3
48	48		doing practice teaching under the direction of a teacher employed by a school committee or the 4
49	49		board of regents. 5
50	50		(c) Each school committee and the board of regents shall protect and save harmless any 6
51		-	teacher or any supervisor, employee whose position directly involves work with ~~(hereinafter~~ 7
52		-	~~referred to as "employee"), or~~ administrator from financial loss and expense, including payment of 8
53		-	~~expenses reasonably incurred~~ for medical or other service, necessary as a result of an assault upon 9
54		-	~~the teacher,~~ ~~supervisor, employee~~, or administrator while the person ~~was acting in the discharge of~~ 10
55		-	his or her duties within the scope of his or her employment or under ~~the direction of the school~~ 11
56		-	committee or the board of regents, which expenses are not paid by the ~~individual teacher’s,~~ 12
57		-	supervisor’s, employee's or administrator’s workers’ compensation. 13
58		-	(d) Any teacher, supervisor, employee whose position directly involves work with 14
59		-	~~(hereinafter referred to as "employee"),~~ or administrator absent from his or her employment as a 15
60		-	~~result of injury sustained during an assault~~ upon the teacher, supervisor, employee, or ~~administrator~~ 16
61		-	that occurred while the teacher, supervisor, employee, or administrator was ~~discharging his or her~~ 17
62		-	duties within the scope of his or her employment or under the direction of ~~the school committee or~~ 18
63		-	the board of regents, or for a court appearance in connection with the ~~assault, shall continue to~~ 19
64		-	receive his or her full salary, while so absent, except that the amount of ~~any workers’ compensation~~ 20
65		-	award may be deducted from his or her salary payments during the ~~absence. The time of the absence~~ 21
66		-	shall not be charged against the teacher’s, supervisor’s, ~~employee's or administrator’s sick leave,~~ 22
67		-	vacation time, or personal leave days. 23
	51	+	teacher or any supervisor, employee whose position directly involves work with students, or 7
	52	+	administrator from financial loss and expense, including payment of expenses reasonably incurred 8
	53	+	for medical or other service, necessary as a result of an assault upon the teacher, supervisor, 9
	54	+	employee whose position directly involves work with students, or administrator while the person 10
	55	+	was acting in the discharge of his or her duties within the scope of his or her employment or under 11
	56	+	the direction of the school committee or the board of regents, which expenses are not paid by the 12
	57	+	individual teacher’s, supervisor’s, employee's or administrator’s workers’ compensation. 13
	58	+	(d) Any teacher, supervisor, employee whose position directly involves work with students, 14
	59	+	or administrator absent from his or her employment as a result of injury sustained during an assault 15
	60	+	upon the teacher, supervisor, employee whose position directly involves work with students, or 16
	61	+	administrator that occurred while the teacher, supervisor, employee, or administrator was 17
	62	+	discharging his or her duties within the scope of his or her employment or under the direction of 18
	63	+	the school committee or the board of regents, or for a court appearance in connection with the 19
	64	+	assault, shall continue to receive his or her full salary, while so absent, except that the amount of 20
	65	+	any workers’ compensation award may be deducted from his or her salary payments during the 21
	66	+	absence. The time of the absence shall not be charged against the teacher’s, supervisor’s, 22
	67	+	employee's or administrator’s sick leave, vacation time, or personal leave days. 23
68	68		(e) A person so injured in accordance with subdivision subsection (d) above of this section 24
69	69		and who receives a disability therefrom, which renders them unable to fully perform their normal 25
70	70		duties, shall, if the disability continues for a period of one year, apply to the Rhode Island 26
71	71		employees retirement system for appropriate benefits for which that person is entitled. 27
72	72		SECTION 2. This act shall take effect upon passage. 28
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74	74		LC001609
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78	78		LC001609 - Page 3 of 3
79	79		EXPLANATION
80	80		BY THE LEGISLATIVE COUNCIL
81	81		OF
82	82		A N A C T
83	83		RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
84	84		CAUSES OF ACTION
85	85		***
86	86		This act would provide immunity from liability for school employees whose position 1
87	87		involves work with students for accidental injury or damage. The act further provides compensation 2
88	88		for certain injuries received by school employees whose position involves work with students. 3
89	89		This act would take effect upon passage. 4
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91	91		LC001609
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