N.Y. Education Law § 3028: Liability of school district for cost and attorney's fees of action against, or prosecutions of, teachers, members of supervisory and adm...

§ 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.

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.