Add §§2801-c & 3039, amd §1950, Ed L; amd §2.10, CP L; amd §212, R & SS L
Establishes the New York state school resource officer program; provides for grants for school resource officers (Part A); relates to peace officers who are retired police officers employed by a school district as a school resource officer (Part B); allows retired police officers to be employed by a school district as a school safety officer, school security officer or any other substantially similar position for an annual salary of $50,000 or less to continue to receive their full retirement benefit (Part C).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6733A
SPONSOR: Bailey TITLE OF BILL:
An act to amend the education law, in relation to a school resource
officer program and providing school resource officer security
protection aid (Part A); to amend the criminal procedure law, in
relation to peace officers who are retired police officers employed by a
school district as a school resource officer (Part B); and to amend the
retirement and social security law, in relation to annual earnings limi-
tations for retired police officers employed as school resource officers
(Part C)
PURPOSE OR GENERAL IDEA OF BILL:
This omnibus school resource officer bill will establish a school
resource officer program that would be funded under school aid, to
designate such school resource officers as peace officers so as to
enable them to have full powers of arrest and public protection and to
increase the earnings limitations for retired police officers while
employed as school resource officers, from the current $30,000 per year
to $50,000 per year.
SUMMARY OF PROVISIONS:
Part A: This Part adds a new section 2801-c to the education law to:
*Define the term School Resource Officer to include a retired police
officer, retired deputy sheriff, or retired state trooper, or an active
duty police officer, deputy sheriff or state trooper; *Authorize school
districts to hire school resource officers, or contract with the state,
a county, city, town or village for their services. *Define the princi-
pal role of a school resource officer as providing improved public safe-
ty and/or security on school grounds, and further delineate additional
roles of a school resource officer. *Authorize school resource officers
to carry and possess firearms during their duties if licensed to do so.
This Part of the bill would further amend sections 1950 and 3038 of the
education law, to make the hiring of a school resource officer by a
public school district or a charter school a shared service eligible for
aid. And to provide a reimbursement grant program for the hiring of a
school resource officer in a non-public school. Part B: This Part would
amend section 2.10 of the criminal procedure law, to expand the defi-
nition of peace officer to include retired police officers employed by a
school district as a school resource officer. Part C: This Part would
add a new subdivision four to section 212 of the retirement and social
security law to increase the earnings limitations for retired police
officers while employed as school resource officers or school safety
officers or other substantially similar positions, from the current
$30,000 per year to $50,000 per year. This bill would not affect the
current subdivision 3, which allows the commissioner of education to
completely remove such earnings limitations upon application of a school
district.
JUSTIFICATION:
School Resource Officers are great assets to school districts striving
to enhance school safety. As can been seen, they are not just hired
security guards. They collaborate with educators, parents, and children
to provide comprehensive security and educational services to the school
they serve. They develop educational programs, prevent drug abuse, and
minimize violence. They are educators, law enforcers, and counselors.
Police officers are ideal for this job, because of their specialized
knowledge that enhances a school's environmental safety planning and
facilities management, school-safety policy, and emergency response
preparedness. This bill would provide a specific definition of School
Resource Officer, requiring such persons to be experienced active duty
or retired members of law enforcement. It further provides, for the
first time, an important state aid component,' which will allow all
schools across the state, to have the necessary funds to retain the
services of such invaluable public protection. Because the cost of
hiring a full-time police officer to serve as a School Resource Officer
is often prohibitive to both police departments and school districts, to
solve this financial problem, a school district can hire a retired
police officer, state trooper or deputy sheriff to serve as their school
resource officer. Such individuals possess the necessary experience and
training but could be paid less than an active-duty police offic er due
to their retired status. These retired officers', however, no longer
possess the same legal peace officer status that they did when they were
on active duty. This bill seeks to correct this important issue by
providing those retired police officers who are employed as School
Resource Officers with full peace officer powers. These powers include
the ability to arrest as well as to carry an armed weapon on school
grounds while on duty. These powers thereby enable a School Resource
Officer to effectively protect the school, its students, faculty and
visitors from wrongdoers. It should be noted that this bill in no way
grants a school district any licensing authority for the School Resource
Officer to carry a firearm, and such retired police officer would still
have to be licensed pursuant to, all the requirements and standards of
section 400 of the Penal Law. Additionally, as noted above, as retired
police officers, state troopers and deputy sheriffs are an extremely
well-qualified, and affordable alternative to traditional active-duty
police officers, deputy sheriffs and state troopers as any effort to
protect our students, faculty and visitors at schools, this bill would
further address another important legal impediment con cerning their
employment as School Resource Officers, the state's earnings limitations
law. Currently, retired public employees must apply for a Waiver to earn
more than $30,000 per year. This process can often become burdensome and
time consuming. As a result, the present cap on earnings can thereby
deter those best qualified, and most experienced to provide the highest
quality public protection from becoming school resource officers. This
bill would allow school districts to hire retired police officers with-
out needing a Waiver for an annual salary of less than $50,000. As
School Resource Officers most often only work during the school year
(180 days) and as they already have a retirement income and, in most
cases, benefits such as health care, this new, increased earnings limi-
tation seeks to provide a sufficient and reasonable incentive for these
trained, experienced former police officers to provide service in this
new and important role.
PRIOR LEGISLATIVE HISTORY:
2023/24: A.6453-A
2021/22: A.9432
2019/20: A.5480
2017/18: S.8381A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See Fiscal Note.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6733--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 11, 2025
___________
Introduced by M. of A. BAILEY, CHLUDZINSKI, SEMPOLINSKI -- read once and
referred to the Committee on Education -- recommitted to the Committee
on Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to a school resource
officer program and providing school resource officer security
protection aid (Part A); to amend the criminal procedure law, in
relation to peace officers who are retired police officers employed by
a school district as a school resource officer (Part B); and to amend
the retirement and social security law, in relation to annual earnings
limitations for retired police officers employed as school resource
officers (Part C)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law components of legislation relating
2 to school safety. Each component is wholly contained within a Part iden-
3 tified as Parts A through C. The effective date for each particular
4 provision contained within such Part as set forth in the last section of
5 such Part. Any provision in any section contained within a Part, includ-
6 ing the effective date of the Part, which makes a reference to a section
7 "of this act", when used in connection with that particular component,
8 shall be deemed to mean and refer to the corresponding section of the
9 Part in which it is found. Section three of this act sets forth the
10 general effective date of this act.
11 PART A
12 Section 1. The education law is amended by adding a new section 2801-c
13 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03511-06-6
A. 6733--A 2
1 § 2801-c. New York state school resource officer program. 1. For
2 purposes of this section, the term "school resource officer" shall mean
3 a school resource officer, school safety officer, school security offi-
4 cer, or any other substantially similar position or office, that is
5 designed to provide improved public safety and/or security on school
6 grounds. Such school resource officer may be a retired police officer, a
7 retired state trooper, a retired deputy sheriff, a state trooper, a
8 police officer in the active duty service of a town, city or village, or
9 a deputy sheriff from a county sheriff's department.
10 2. Any public, nonpublic or charter school, or a board of cooperative
11 educational services, may employ, in either the classified or unclassi-
12 fied service, any school resource officer for the purpose of providing
13 improved public safety and/or security on school grounds. Any such
14 public, nonpublic or charter school, or a board of cooperative educa-
15 tional services, may also contract with the state of New York, or a
16 county, city, town or village, for the provision of a state trooper,
17 police officer or deputy sheriff, to serve as a school resource officer,
18 for the purpose of providing improved public safety and/or security on
19 school grounds. A school district, nonpublic school, charter school, or
20 a board of cooperative educational services, shall be authorized to
21 employ or contract for as many school resource officers as such district
22 deems necessary.
23 3. It shall be the primary role of the school resource officer to
24 provide improved public safety and/or security on school grounds. In
25 addition, to this primary role, school resource officers also may serve
26 additional roles, including but not limited to:
27 (a) Proposing and enforcing policies and administrative procedures
28 related to school safety;
29 (b) Utilizing technology in the implementation of a comprehensive
30 safety program;
31 (c) Serving as a liaison with other school officials and other commu-
32 nity agencies, including but not limited to, other law enforcement enti-
33 ties, courts, health care entities, and mental health entities;
34 (d) Proposing and implementing strategies concerning prevention,
35 response and recovery efforts for incidents and/or emergency situations
36 occurring on school grounds and/or involving students, faculty, adminis-
37 tration or visitors to the school;
38 (e) Proposing and assisting in the execution of school emergency
39 drills and proposing and assisting in the creation of school safety
40 plans;
41 (f) Providing educational and mentoring services to students;
42 (g) Assisting in the design, explanation and enforcement of school
43 safety and security policies and procedures; and
44 (h) Performing such other and further roles, responsibilities and
45 activities as the school district may deem appropriate and proper for a
46 law enforcement officer to perform, in order to advance the security,
47 safety and well-being of students, faculty, administration and visitors
48 to the school district's schools, transportation vehicles and school
49 grounds.
50 4. Such school resource officer may carry and possess firearms during
51 the course of their duties at such school district, nonpublic school,
52 charter school, or a board of cooperative educational services, but
53 nothing in this subdivision shall be deemed to authorize such school
54 resource officer to carry, possess, repair or dispose of a firearm
55 unless the appropriate license therefor has been issued pursuant to
56 section 400.00 of the penal law.
A. 6733--A 3
1 § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
2 the education law, as amended by chapter 474 of the laws of 1996, is
3 amended and a new subparagraph 1-a is added to read as follows:
4 (1) Aidable shared services. At the request of component school
5 districts, and with the approval of the commissioner, provide any of the
6 following services on a cooperative basis: school nurse teacher, attend-
7 ance supervisor, supervisor of teachers, dental hygienist, psychologist,
8 school resource officer, as such term is defined in section twenty-eight
9 hundred one-c of this title, teachers of art, music, physical education,
10 career education subjects, guidance counsellors, operation of special
11 classes for students with disabilities, as such term is defined in arti-
12 cle eighty-nine of this chapter; pupil and financial accounting service
13 by means of mechanical equipment; maintenance and operation of cafeteria
14 or restaurant service for the use of pupils and teachers while at
15 school, and such other services as the commissioner may approve. Such
16 cafeteria or restaurant service may be used by the community for school
17 related functions and activities and to furnish meals to the elderly
18 residents of the district, sixty years of age or older. Utilization by
19 elderly residents or school related groups shall be subject to the
20 approval of the board of education. Charges shall be sufficient to bear
21 the direct cost of preparation and serving of such meals, exclusive of
22 any other available reimbursements.
23 (1-a) Notwithstanding any other provision of law, rule, or regulation
24 to the contrary, school resource officers may be requested by charter
25 schools and school districts for up to six days per week throughout the
26 entire school year.
27 § 3. Paragraph h of subdivision 4 of section 1950 of the education law
28 is amended by adding two new subparagraphs 14 and 15 to read as follows:
29 (14) To enter into contracts with charter schools to provide school
30 resource officers, as such term is defined in section twenty-eight
31 hundred one-c of this title, provided that the costs of such school
32 resource officers shall be aidable pursuant to subdivision five of this
33 section to the same extent and on the same basis as costs allocated to a
34 component school district, and further provided that the aid ratio shall
35 be the aid ratio for the public school district where the charter school
36 is located, and further provided that charter schools shall not be
37 liable for payment of administrative expenses as defined in paragraph b
38 of this subdivision.
39 (15) To enter into contracts with non-component school districts
40 including city school districts of cities with one hundred twenty-five
41 thousand inhabitants or more, to provide school resource officers, as
42 such term is defined in section twenty-eight hundred one-c of this
43 title, provided that the costs of such school resource officers shall be
44 aidable pursuant to subdivision five of this section to the same extent
45 and on the same basis as costs allocated to a component school district,
46 and further provided that non-component school districts shall not be
47 liable for payment of administrative expenses as defined in paragraph b
48 of this subdivision.
49 § 4. The education law is amended by adding a new section 3039 to read
50 as follows:
51 § 3039. Grants for school resource officers. 1. For purposes of this
52 section, school resource officers shall have the same meaning as defined
53 in section twenty-eight hundred one-c of this chapter.
54 2. Nonpublic schools shall, upon application, be reimbursed by the
55 department for the salaries of school resource officers. Each school
56 which seeks a reimbursement pursuant to this section shall submit to the
A. 6733--A 4
1 office of religious and independent schools an application therefor,
2 together with such additional documents as the commissioner may reason-
3 ably require, at such times, in such form and containing such informa-
4 tion as the commissioner may prescribe by regulation. Applications for
5 reimbursement pursuant to this section must be received by August first
6 of each year for schools to be reimbursed for the salaries of eligible
7 school resource officers in the prior year.
8 3. The commissioner may promulgate any rules or regulations necessary
9 to carry out the provisions of this section.
10 § 5. This act shall take effect immediately.
11 PART B
12 Section 1. Section 2.10 of the criminal procedure law is amended by
13 adding a new subdivision 88 to read as follows:
14 88. Retired police officers employed by a school district, nonpublic
15 school, charter school, or a board of cooperative educational services,
16 as a school resource officer; provided, however, that nothing in this
17 subdivision shall be deemed to authorize such officer to carry, possess,
18 repair or dispose of a firearm unless the appropriate license therefor
19 has been issued pursuant to section 400.00 of the penal law.
20 § 2. This act shall take effect immediately.
21 PART C
22 Section 1. Section 212 of the retirement and social security law is
23 amended by adding a new subdivision 4 to read as follows:
24 4. Notwithstanding the provisions of subdivisions one and two of this
25 section, such annual earnings limitations for a retired police officer
26 employed by a school district or a board of cooperative educational
27 services, in either the classified or unclassified service as a school
28 resource officer, school safety officer, school security officer or any
29 other substantially similar position or office that is designed to
30 provide safety and/or security on school grounds, provided that such
31 retired police officer is duly qualified, competent and physically fit
32 for performance of the duties of the position in which they are to be
33 employed as determined by the school district or board of cooperative
34 educational services and is properly certified where such certification
35 is required, shall be fifty thousand dollars for the year two thousand
36 twenty-seven and thereafter.
37 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow retired police officers to be reemployed as a
school resource officer, school safety officer, or school security offi-
cer with an annual salary of $50,000 or less and continue to receive
their full retirement benefit. Currently, the salary limit for these
retirees is $35,000.
Insofar as this bill affects the New York State and Local Retirement
System (NYSLRS), the direct cost incurred would be the retiree's pension
benefit paid while post-retirement earnings are between $35,000 and
$50,000 each calendar year. The pension benefit expected to be paid
during that 2.5-month period is estimated to be $17,000 per person.
There would be additional costs in the form of lost employer contrib-
utions due to non-billable post-retirement earnings, which are estimated
to be $2,700 per person.
A. 6733--A 5
In the New York State and Local Police and Fire Retirement System, all
costs will be shared by the state of New York and all participating
employers and spread over future billing cycles.
The number of members and retirees who could be affected by this
legislation cannot be readily determined. For each retiree rehired
pursuant to this proposal, an annual cost of $19,700 is expected. If
large numbers of retirees are rehired into such positions, significant
annual costs would result.
This proposal exclusively benefits retirees. Therefore, the increased
costs are attributable to legacy groups, but funding for this proposal
will be collected on salary reported for current and future members of
Tier 6.
Summary of relevant resources:
Membership data as of March 31, 2025 was used to measure the impact of
the bill, the same data used in the Actuarial Valuations dated April 1,
2025. Distributions and other statistics can be found in the 2025 Report
of the Actuary and the 2025 Annual Comprehensive Financial Report. The
actuarial assumptions and methods used are described in the 2025 Annual
Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
and Regulations of the State of New York: Audit and Control. The fair
value of assets and GASB disclosures can be found in the 2025 Financial
Statements and Supplementary Information.
Assumptions, demographics, and other considerations may have been
modified to better reflect specific provisions of any proposed benefit
change(s).
This fiscal note does not constitute a legal opinion on the viability
of the bill, nor is it intended to serve as a substitute for the profes-
sional judgment of an attorney.
This estimate, dated February 5, 2026, and intended for use only
during the 2026 Legislative Session, is Fiscal Note Number 2026-68. As
Chief Actuary of the New York State and Local Retirement System
(NYSLRS), I, Aaron Schottin Young, hereby certify that this analysis
complies with applicable Actuarial Standards of Practice as well as the
Code of Professional Conduct and Qualification Standards for Actuaries
Issuing Statements of Actuarial Opinion of the American Academy of Actu-
aries, of which I am a member. I am a member of NYSLRS but do not
believe it impairs my objectivity.
1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
2 sion, section or part of this act shall be adjudged by any court of
3 competent jurisdiction to be invalid, such judgment shall not affect,
4 impair, or invalidate the remainder thereof, but shall be confined in
5 its operation to the clause, sentence, paragraph, subdivision, section
6 or part thereof directly involved in the controversy in which such judg-
7 ment shall have been rendered. It is hereby declared to be the intent of
8 the legislature that this act would have been enacted even if such
9 invalid provisions had not been included herein.
10 § 3. This act shall take effect immediately; provided, however, that
11 the applicable effective date of Parts A through C of this act shall be
12 as specifically set forth in the last section of such Parts.
