§ 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.