§ 3813 — Presentation of claims against the governing body of any school district or certain state supported schools

§ 3813. Presentation of claims against the governing body of any\nschool district or certain state supported schools. 1. No action or\nspecial proceeding, for any cause whatever, except as hereinafter\nprovided, relating to district property or property of schools provided\nfor in article eighty-five of this chapter or chapter ten hundred sixty\nof the laws of nineteen hundred seventy-four or claim against the\ndistrict or any such school, or involving the rights or interests of any\ndistrict or any such school shall be prosecuted or maintained against\nany school district, board of education, board of cooperative\neducational services, school provided for in article eighty-five of this\nchapter or chapter ten hundred sixty of the laws of nineteen hundred\nseventy-four or any officer of a school district, board of education,\nboard of cooperative educational services, or school provided for in\narticle eighty-five of this chapter or chapter ten hundred sixty of the\nlaws of nineteen hundred seventy-four unless it shall appear by and as\nan allegation in the complaint or necessary moving papers that a written\nverified claim upon which such action or special proceeding is founded\nwas presented to the governing body of said district or school within\nthree months after the accrual of such claim, and that the officer or\nbody having the power to adjust or pay said claim has neglected or\nrefused to make an adjustment or payment thereof for thirty days after\nsuch presentment. In the case of an action or special proceeding for\nmonies due arising out of contract, accrual of such claim shall be\ndeemed to have occurred as of the date payment for the amount claimed\nwas denied.\n 2. Notwithstanding anything to the contrary hereinbefore contained in\nthis section, no action or special proceeding founded upon tort shall be\nprosecuted or maintained against any of the parties named in this\nsection or against any teacher or member of the supervisory or\nadministrative staff or employee where the alleged tort was committed by\nsuch teacher or member or employee acting in the discharge of his duties\nwithin the scope of his employment and/or under the direction of the\nboard of education, trustee or trustees, or governing body of the school\nunless a notice of claim shall have been made and served in compliance\nwith section fifty-e of the general municipal law. Every such action\nshall be commenced pursuant to the provisions of section fifty-i of the\ngeneral municipal law; provided, however, that this section shall not\napply to: (i) any claim to recover damages for physical, psychological,\nor other injury or condition suffered as a result of conduct which would\nconstitute a sexual offense as defined in article one hundred thirty of\nthe penal law committed against a child less than eighteen years of age,\nincest as defined in section 255.27, 255.26 or 255.25 of the penal law\ncommitted against a child less than eighteen years of age, or the use of\na child in a sexual performance as defined in section 263.05 of the\npenal law committed against a child less than eighteen years of age; or\n (ii) any civil claim or cause of action revived pursuant to section\ntwo hundred fourteen-j of the civil practice law and rules.\n 2-a. Upon application, the court, in its discretion, may extend the\ntime to serve a notice of claim. The extension shall not exceed the time\nlimited for the commencement of an action by the claimant against any\ndistrict or any such school. In determining whether to grant the\nextension, the court shall consider, in particular, whether the district\nor school or its attorney or its insurance carrier or other agent\nacquired actual knowledge of the essential facts constituting the claim\nwithin the time specified in subdivision one of this section or within a\nreasonable time thereafter. The court shall also consider all other\nrelevant facts and circumstances, including: whether the claimant was an\ninfant, or mentally or physically incapacitated, or died before the time\nlimited for service of the notice of claim; whether the claimant failed\nto serve a timely notice of claim by reason of his justifiable reliance\nupon settlement representations made by an authorized representative of\nthe district or school or its insurance carrier; whether the claimant in\nserving a notice of claim made an excusable error concerning the\nidentity of the district or school against which the claim should be\nasserted; and whether the delay in serving the notice of claim\nsubstantially prejudiced the district or school in maintaining its\ndefense on the merits.\n An application for leave to serve a late notice shall not be denied on\nthe ground that it was made after commencement of an action against the\ndistrict or school.\n Nothing contained in this subdivision shall affect claims arising out\nof contracts entered into by the parties before the effective date of\nthis subdivision; nor shall anything contained in this subdivision\naffect non-contractual claims which have accrued before the effective\ndate of this subdivision.\n 2-b. Except as provided in subdivision two of this section and,\nnotwithstanding any other provision of law providing a longer period of\ntime in which to commence an action or special proceeding, no action or\nspecial proceeding shall be commenced against any entity specified in\nsubdivision one of this section more than one year after the cause of\naction arose; provided, however, that nothing contained in this\nsubdivision shall be deemed to modify or supersede any provision of law\nspecifying a shorter period of time in which to commence an action or\nspecial proceeding against any such entity. For purposes of this\nsubdivision, a cause of action against the school district of residence\nfor reimbursement of tuition costs incurred pursuant to subdivision four\nof section thirty-two hundred two of this chapter by the school district\nin which a family home at board is located shall arise as of the date\npayment for the amount claimed was denied.\n 3. The provisions of this section shall not supersede, alter or affect\nthe provisions of section twenty-five hundred twelve of this chapter.\n 4. In any action for personal injuries by a passenger on a school bus\nagainst a school district, school bus operator under contract with a\nschool district, or any agent or employee of a district or operator\n(including, but not limited to, bus drivers, matrons, teachers serving\nas chaperones and volunteers) no such person shall be held liable solely\nbecause the injured party was not wearing a seat safety belt; provided,\nhowever, that nothing contained herein shall be construed to grant\nimmunity from liability for failure to:\n (a) maintain in operating order any equipment required by statute,\nrule or regulation;\n (b) comply with applicable statutes, rules or regulations.\n