N.Y. Education Law Section 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.

Source: Section 3028 — Liability of school district for cost and attorney's fees of action against, or prosecutions of, teachers, members of supervisory and adm..., https://www.­nysenate.­gov/legislation/laws/EDN/3028 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

3001
Qualifications of teachers 3001‑A
Temporary teaching permit, person not a citizen 3001‑B
First aid instruction mandatory for coaches of extra-class public school athletic activities 3001‑C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities 3001‑D
Criminal history record checks and conditional appointments 3002
Oath to support federal and state constitutions 3003
Qualifications of superintendents 3004
Regulations governing certification of teachers 3004‑A
National board for professional teaching standards certification grant program 3004‑B
Special procedures for certification 3004‑C
Denial of application for certification 3005
Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts 3005‑A
Leave of absence for teaching purposes 3005‑B
Leave of absence for personal illness 3006
Commissioner of education to issue certificates 3006‑A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ... 3007
Endorsement of foreign certificates and diplomas 3008
Certification of teachers by local authorities 3009
Unqualified teachers shall not be paid from school moneys 3010
Penalty for payment of unqualified teacher 3011
Contract with teacher 3012
Tenure: certain school districts 3012‑A
Elementary tenure area 3012‑C
Annual professional performance review of classroom teachers and building principals 3012‑D
Annual teacher and principal evaluations 3012‑E
Teacher and principal performance review plans 3013
Abolition of office or position 3014
Tenure: boards of cooperative educational services 3014‑A
Teachers’ rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school... 3014‑B
Teachers’ rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services 3014‑C
Teachers’ rights as a result of a school district taking back tuition students 3014‑D
Teachers’ rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan... 3015
Teacher’s salary when payable 3016
Contract when teacher is related to trustee or member of board of education 3017
Individual liability of trustees 3018
Revocation of certificate by district superintendent 3019
Penalty for teacher’s failure to complete contract 3019‑A
Notice of termination of service by teachers 3020
Discipline of teachers 3020‑A
Disciplinary procedures and penalties 3020‑B
Streamlined removal procedures for teachers rated ineffective 3021
Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances 3021‑A
Notification of accusatory instrument alleging a sex offense 3022
Elimination of subversive persons from the public school system 3023
Liability of a board of education, trustee, trustees or board of cooperative educational services 3024
Teachers responsible for record books 3025
Verification of school register 3026
Discriminations based on sex prohibited 3027
Discrimination based on age prohibited 3028
Liability of school district for cost and attorney’s fees of action against, or prosecutions of, teachers, members of supervisory and adm... 3028‑A
Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction 3028‑B
Notification of teachers’ duty to provide information and immunity from liability 3028‑C
Protection of school employees who report acts of violence and weapons possession 3028‑D
Protection of school employees who report information regarding illegal or inappropriate financial practices 3029
Hours of continuous duty for full time teachers 3029‑A
Silent meditation in public schools 3030
Interstate agreement on qualifications of educational personnel 3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued 3032
Teacher summer business training and employment program 3033
New York state mentor teacher-internship program 3034
Teacher career recruitment clearinghouse 3035
Duties of commissioner 3036
Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates 3037
Grants for hiring teachers 3038
The superintendent of each school district, in consultation with the district superintendent of a board of cooperative educational servic...
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 3028’s source at nysenate​.gov

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