Section 3023. Liability of a board of education, trustee, trustees or board of cooperative educational services  


Latest version.
  • Notwithstanding any  inconsistent  provision of law, general, special or local, or the limitation contained
      in  the  provisions  of  any  city charter, it shall be the duty of each
      board of education, trustee or trustees, in any school district having a
      population of less than one  million,  and  each  board  of  cooperative
      educational  services  established  pursuant to section nineteen hundred
      fifty of this chapter,  to  save  harmless  and  protect  all  teachers,
      practice   or  cadet  teachers,  authorized  participants  in  a  school
      volunteer program,  and members of supervisory and administrative  staff
      or  employees from financial loss arising out of any claim, demand, suit
      or judgment by reason of alleged negligence or other  act  resulting  in
      accidental  bodily  injury  to  any  person, or accidental damage to the
      property of any person within or without the school  building,  provided
      such  teacher,  practice  or  cadet teacher, authorized participant in a
      school volunteer program, or member of the supervisory or administrative
      staff or employee at the time of the accident or injury  was  acting  in
      the  discharge  of  his  duties  within  the  scope of his employment or
      authorized volunteer duties  and/or under the direction of said board of
      education,  trustee,  trustees  or  board  of  cooperative   educational
      services;  and  said  board  of education, trustee, trustees or board of
      cooperative  educational  services  may   arrange   for   and   maintain
      appropriate insurance with any insurance company created by or under the
      laws  of  this  state,  or in any insurance company authorized by law to
      transact business in this state, or such  board,  trustee,  trustees  or
      board   of   cooperative  educational  services  may  elect  to  act  as
      self-insurers  to  maintain  the  aforesaid  protection.    A  board  of
      education,   trustee,   board  of  trustees,  or  board  of  cooperative
      educational services, however, shall not be subject to the duty  imposed
      by  this  section,  unless  such  teacher,  practice  or  cadet teacher,
      authorized participant in a school volunteer program, or member  of  the
      supervisory  and administrative staff or employee shall, within ten days
      of the time he is served with any summons, complaint,  process,  notice,
      demand  or  pleading, deliver the original or a copy of the same to such
      board of education, trustee, board of trustes, or board  of  cooperative
      educational services.