Section 3028. Liability of school district for cost and attorney's fees of action against, or prosecutions of, teachers, members of supervisory and administrative staff or employees, and school volunteers  


Latest version.
  • Notwithstanding  any  inconsistent  provision of any general, special or
      local law, or the limitations contained in the provisions  of  any  city
      charter, each board of education, trustee or trustees in the state shall
      provide  an  attorney or attorneys for, and pay such attorney's fees and
      expenses necessarily incurred in the defense of a teacher, member  of  a
      supervisory   or   administrative   staff  or  employee,  or  authorized
      participant in a school volunteer program in any civil or ciminal action
      or proceeding arising out of disciplinary action taken against any pupil
      of the district while in the discharge of his duties within the scope of
      his employment or authorized volunteer duties.  For  such  purposes  the
      board  of  education,  trustee  or trustees 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 or trustees may
      elect to act as self-insurers to maintain the aforesaid protection.    A
      board  of education, trustee or board of trustees, however, shall not be
      subject to the duty imposed by this section,  unless  such  teacher,  or
      member  of  the  supervisory  and  administrative  staff  or employee or
      authorized participant in a school volunteer program 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 or board of trustees.