Legislation
SECTION 3023
Liability of a board of education, trustee, trustees or board of cooperative educational services
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 61
§ 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.
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.