§ 3023 — Liability of a board of education, trustee, trustees or board of cooperative educational services

New York § 3023

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Art. 61: Teachers and Supervisory and Administrative Staff

Text

§ 3023. Liability of a board of education, trustee, trustees or board\nof cooperative educational services. Notwithstanding any inconsistent\nprovision of law, general, special or local, or the limitation contained\nin the provisions of any city charter, it shall be the duty of each\nboard of education, trustee or trustees, in any school district having a\npopulation of less than one million, and each board of cooperative\neducational services established pursuant to section nineteen hundred\nfifty of this chapter, to save harmless and protect all teachers,\npractice or cadet teachers, authorized participants in a school\nvolunteer program, and members of supervisory and administrative staff\nor employees from financial loss arising out of any claim, demand, suit\nor judgment by reason of alleged negligence or other act resulting in\naccidental bodily injury to any person, or accidental damage to the\nproperty of any person within or without the school building, provided\nsuch teacher, practice or cadet teacher, authorized participant in a\nschool volunteer program, or member of the supervisory or administrative\nstaff or employee at the time of the accident or injury was acting in\nthe discharge of his duties within the scope of his employment or\nauthorized volunteer duties and/or under the direction of said board of\neducation, trustee, trustees or board of cooperative educational\nservices; and said board of education, trustee, trustees or board of\ncooperative educational services may arrange for and maintain\nappropriate insurance with any insurance company created by or under the\nlaws of this state, or in any insurance company authorized by law to\ntransact business in this state, or such board, trustee, trustees or\nboard of cooperative educational services may elect to act as\nself-insurers to maintain the aforesaid protection. A board of\neducation, trustee, board of trustees, or board of cooperative\neducational services, however, shall not be subject to the duty imposed\nby this section, unless such teacher, practice or cadet teacher,\nauthorized participant in a school volunteer program, or member of the\nsupervisory and administrative staff or employee shall, within ten days\nof the time he is served with any summons, complaint, process, notice,\ndemand or pleading, deliver the original or a copy of the same to such\nboard of education, trustee, board of trustes, or board of cooperative\neducational services.\n