N.Y. Education Law § 3023: Liability of a board of education, trustee, trustees or board of cooperative educational services

§ 3023. Liability of a board of education, trustee, trustees or board

of cooperative educational services. 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.