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S09336 Summary:

BILL NOS09336
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Add §§2801-c & 2801-d, Ed L; amd §2.10, CP L; amd §212, R & SS L
 
Creates the New York state school resource officer program for school districts outside of New York City; requires retired police officers be certified by the department of education to become school resource officers; allows retired police officers employed as school resource officers to carry a firearm on school grounds given an appropriate license; relates to the earnings limitations for retired police officers employed as a school resource officer.
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S09336 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9336
 
                    IN SENATE
 
                                      March 3, 2026
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law the criminal  procedure  law  and  the
          retirement and social security law, in relation to the creation of the
          Comprehensive  School  Resource  Officer  Training  and Implementation
          Program (SRO TIP)

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 2801-c
     2  to read as follows:
     3    §  2801-c.  New  York  state  school  resource officer program. 1. For
     4  purposes of this section, the term "school resource officer" shall  mean
     5  a  school resource officer, school safety officer, school security offi-
     6  cer, or any other substantially similar position or office whose purpose
     7  is to provide improved public safety and/or security on school grounds.
     8    2. Any boards of cooperative educational services, public or nonpublic
     9  school which is not in a city school district in a city having  a  popu-
    10  lation  of  one  million or more may employ, in either the classified or
    11  unclassified service, any school resource officer. Such school  resource
    12  officer shall be: (a) a retired police officer, a retired state trooper,
    13  a  retired  deputy sheriff, or a retired federal law enforcement officer
    14  and who, once a certification process is established, is certified as  a
    15  school resource officer under section twenty-eight hundred one-d of this
    16  article;  or  (b)  an  active  duty state trooper, police officer in the
    17  service of a town, city or village, or  deputy  sheriff  from  a  county
    18  sheriff's department.
    19    3. Any boards of cooperative educational services, public or nonpublic
    20  school  which  is not in a city school district in a city having a popu-
    21  lation of one million or more may contract with the state of  New  York,
    22  or  a county, city, town or village, for the provision of a state troop-
    23  er, police officer or deputy sheriff, to  serve  as  a  school  resource
    24  officer.  A board of cooperative educational services or school district
    25  which is not in a city school district in a city having a population  of
    26  one  million  or  more  shall be authorized to employ or contract for as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00951-02-6

        S. 9336                             2

     1  many school resource officers as such board of  cooperative  educational
     2  services or district deems necessary.
     3    4.  It  shall  be  the  primary role of the school resource officer to
     4  provide improved public safety and/or security on school grounds through
     5  community policing  techniques,  investigative  measures,  and  tactical
     6  preparedness. In addition to such primary role, school resource officers
     7  also may serve additional roles, including but not limited to:
     8    (a)  Proposing  and  enforcing  policies and administrative procedures
     9  related to school safety;
    10    (b) Utilizing technology in  the  implementation  of  a  comprehensive
    11  safety program;
    12    (c)  Serving as a liaison with other school officials and other commu-
    13  nity agencies, including but not limited to, other law enforcement enti-
    14  ties, courts, health care entities, and mental health entities;
    15    (d)  Proposing  and  implementing  strategies  concerning  prevention,
    16  response  and recovery efforts for incidents and/or emergency situations
    17  occurring on school grounds and/or involving students, faculty, adminis-
    18  tration or visitors to the school;
    19    (e) Proposing and assisting  in  the  execution  of  school  emergency
    20  drills  and  proposing  and  assisting  in the creation of school safety
    21  plans;
    22    (f) Providing educational and mentoring services to students;
    23    (g) Assisting in the design, explanation  and  enforcement  of  school
    24  safety and security policies and procedures; and
    25    (h)  Performing  such  other  and  further roles, responsibilities and
    26  activities as the school district may deem appropriate and proper for  a
    27  law  enforcement  officer  to perform, in order to advance the security,
    28  safety and well-being of students, faculty, administration and  visitors
    29  to  the  school  district's  schools, transportation vehicles and school
    30  grounds.
    31    5. Such school resource officer may carry and possess firearms  during
    32  the  course of their duties at such school district, but nothing in this
    33  subdivision shall be deemed to authorize such school resource officer to
    34  carry, possess, repair or dispose of a firearm  unless  the  appropriate
    35  license therefor has been issued pursuant to section 400.00 of the penal
    36  law.
    37    §  2.  The  education law is amended by adding a new section 2801-d to
    38  read as follows:
    39    §  2801-d.  New  York  state  school  resource  officer  certification
    40  program.  1.  For  purposes  of  this section, the term "school resource
    41  officer" shall mean a school resource officer,  school  safety  officer,
    42  school  security officer, or any other substantially similar position or
    43  office whose purpose is to provide improved public safety and/or securi-
    44  ty on school grounds.
    45    2. The department shall, utilizing boards of  cooperative  educational
    46  services, establish a school resource officer training program to certi-
    47  fy  retired  police  officers,  retired  deputy  sheriffs, retired state
    48  troopers and retired federal law enforcement officers as school resource
    49  officers as well as a school resource officer recertification program to
    50  recertify school resource officers who  have  previously  completed  and
    51  passed  the  department's school resource officer certification program.
    52  Such programs shall be designed by the department to include, but not be
    53  limited to, counseling techniques, community policing practices,  gender
    54  and  racial  sensitivity  awareness, and field and tactical training for
    55  prevention and response  to  incidents.  The  department  shall  utilize
    56  current  or  retired  police officers, in order to train school resource

        S. 9336                             3

     1  officers in any police related or tactical training provided for certif-
     2  ication. The certifications granted from such programs shall expire  one
     3  year after the program was completed and passed.
     4    3.  The  department shall separately offer the school resource officer
     5  training program and the school resource officer recertification program
     6  at least once per year per county.
     7    § 3. Section 2.10 of the criminal procedure law is amended by adding a
     8  new subdivision 88 to read as follows:
     9    88. Retired police officers, retired state  troopers,  retired  deputy
    10  sheriffs  or retired federal law enforcement officers employed by boards
    11  of cooperative educational services or a school  district  as  a  school
    12  resource  officer;  provided,  however, that nothing in this subdivision
    13  shall be deemed to authorize such officer to carry, possess,  repair  or
    14  dispose  of  a  firearm unless the appropriate license therefor has been
    15  issued pursuant to section 400.00 of the penal law.
    16    § 4. Subdivision 3 of section 212 of the retirement and social securi-
    17  ty law, as added by section 1 of part Y of chapter 55  of  the  laws  of
    18  2013, is amended to read as follows:
    19    3.  Notwithstanding the provisions of subdivisions one and two of this
    20  section, the  commissioner  of  education  may  determine,  pursuant  to
    21  section  two  hundred eleven of this article, that such earnings limita-
    22  tions shall not apply to a retired police officer, retired state trooper
    23  or retired deputy sheriff employed by boards of cooperative  educational
    24  services  or  a  school  district  as a school resource officer; or to a
    25  retired police officer, retired state trooper, or retired deputy sheriff
    26  who is employed as a school resource officer by a county, city, town  or
    27  village  police department pursuant to a contract with a school district
    28  to provide such services.  The commissioner of education may include  no
    29  more than thirty thousand dollars in addition to the earning limitations
    30  set  forth  in  the  table  in  subdivision  two of this section to such
    31  retired police officer, retired state trooper, or retired deputy sheriff
    32  who is employed as a school resource officer.
    33    § 5. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend the retirement and social security law (RSSL) to
        allow retired public safety  officers  to  be  reemployed  as  a  school
        resource  officer  with an annual salary of $65,000 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
        $65,000  each  calendar  year.  The  pension benefit expected to be paid
        during that 4.5-month period is estimated to be $33,000 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 $5,400 per person.
          Pursuant  to  section 25 of the RSSL, the direct costs in the New York
        State and Local Employees' Retirement System would be borne entirely  by
        the state of New York and would require an itemized appropriation suffi-
        cient to pay the cost of the provision.
          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

        S. 9336                             4
 
        pursuant to this proposal, an annual cost of  $38,400  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 4,  2026,  and  intended  for  use  only
        during  the  2026 Legislative Session, is Fiscal Note Number 2026-34. 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.
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