Alabama § 16-1-44.3 - Public Entities Authorized to Contract with Nonpublic K-12 Schools to Provide School Resource Officers.

§ 16-1-44.3. Public Entities Authorized to Contract with Nonpublic K-12 Schools to Provide School Resource Officers.

(a) For the purposes of this section, the term “nonpublic school” means a private, church, parochial, or religious school offering educational instruction in grades K-12. The term includes home-schooling entities.

(b)(1) A sheriff and county commission or a local chief of police and city council may contract with a nonpublic school to provide school resource officers, as defined in Section 16-1-44.1, Code of Alabama 1975.

(2) No party may approve a contract pursuant to this subsection unless the services of a school resource officer are available to every public school system in the county or municipality where the contracted service would be provided.

(3) A contract to provide school resource officers under this subsection shall only be valid as long as the services of school resource officers are available as required in subdivision (2).

(c) Any contract created pursuant to subsection (b) shall provide that the nonpublic school must fully reimburse the county commission or city council for the full salary, benefits, and all other costs associated with each school resource officer made available through the contract.

(d)(1) A nonpublic school shall provide proof of occurrence-based liability insurance, which shall be primary coverage, in an amount no less than, and with coverage consistent with, the liability insurance carried by the county commission or city council.

(2) The insurance policy shall name the county commission, the sheriff, and his or her deputies or the municipality, the chief of police, and his or her officers as additional insureds.

(3) If the nonpublic school fails to have the insurance coverage required by this subsection in full force during the entire term of the contract, the nonpublic school shall assume liability for all acts taken by a school resource officer within the line and scope of the private employment.

(e) Nothing in this section shall have the effect of waiving any immunity or statutory cap on damages to which a county commission, city council, sheriff, chief of police, or deputy or officer are entitled.

(f) Notwithstanding any provision of this section to the contrary, an off-duty law enforcement officer, in his or her personal capacity, may contract with or be employed by a nonpublic school.

(g) Notwithstanding any provision of this section to the contrary, a sheriff or chief of police may provide security, traffic control, and other similar services on the campus or other property of a nonpublic school.