2023 New York Laws › EDN - Education › Title 5 - Taxation and Financial Administration › Article 77 - Fines, Penalties, Forfeitures and Costs › 3813 - Presentation of Claims Against the Governing Body of Any School District or Certain State Supported Schools.

§  3813.  Presentation  of  claims  against  the governing body of any
school district or certain state supported  schools.  1.  No  action  or
special  proceeding,  for  any  cause  whatever,  except  as hereinafter
provided, relating to district property or property of schools  provided
for  in article eighty-five of this chapter or chapter ten hundred sixty
of the laws of  nineteen  hundred  seventy-four  or  claim  against  the
district or any such school, or involving the rights or interests of any
district  or  any  such school shall be prosecuted or maintained against
any  school  district,  board  of  education,   board   of   cooperative
educational services, school provided for in article eighty-five of this
chapter  or  chapter  ten  hundred sixty of the laws of nineteen hundred
seventy-four or any officer of a school district,  board  of  education,
board  of  cooperative  educational  services, or school provided for in
article eighty-five of this chapter or chapter ten hundred sixty of  the
laws  of  nineteen hundred seventy-four unless it shall appear by and as
an allegation in the complaint or necessary moving papers that a written
verified claim upon which such action or special proceeding  is  founded
was  presented  to  the governing body of said district or school within
three months after the accrual of such claim, and that  the  officer  or
body  having  the  power  to  adjust  or pay said claim has neglected or
refused to make an adjustment or payment thereof for thirty  days  after
such  presentment.  In  the  case of an action or special proceeding for
monies due arising out of contract,  accrual  of  such  claim  shall  be
deemed  to  have  occurred as of the date payment for the amount claimed
was denied.
2. Notwithstanding anything to the contrary hereinbefore contained  in
this section, no action or special proceeding founded upon tort shall be
prosecuted  or  maintained  against  any  of  the  parties named in this
section  or  against  any  teacher  or  member  of  the  supervisory  or
administrative staff or employee where the alleged tort was committed by
such teacher or member or employee acting in the discharge of his duties
within  the  scope  of  his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served  in  compliance
with  section  fifty-e  of  the general municipal law. Every such action
shall be commenced pursuant to the provisions of section fifty-i of  the
general  municipal  law;  provided, however, that this section shall not
apply to any claim to recover damages for  physical,  psychological,  or
other  injury  or  condition suffered as a result of conduct which would
constitute a sexual offense as defined in article one hundred thirty  of
the penal law committed against a child less than eighteen years of age,
incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
committed against a child less than eighteen years of age, or the use of
a child in a sexual performance as defined  in  section  263.05  of  the
penal law committed against a child less than eighteen years of age.
2-a.  Upon  application,  the court, in its discretion, may extend the
time to serve a notice of claim. The extension shall not exceed the time
limited for the commencement of an action by the  claimant  against  any
district  or  any  such  school.  In  determining  whether  to grant the
extension, the court shall consider, in particular, whether the district
or school or its attorney  or  its  insurance  carrier  or  other  agent
acquired  actual knowledge of the essential facts constituting the claim
within the time specified in subdivision one of this section or within a
reasonable time thereafter. The court  shall  also  consider  all  other
relevant facts and circumstances, including: whether the claimant was an
infant, or mentally or physically incapacitated, or died before the time
limited  for service of the notice of claim; whether the claimant failed
to serve a timely notice of claim by reason of his justifiable  reliance

upon  settlement representations made by an authorized representative of
the district or school or its insurance carrier; whether the claimant in
serving a notice  of  claim  made  an  excusable  error  concerning  the
identity  of  the  district  or school against which the claim should be
asserted;  and  whether  the  delay  in  serving  the  notice  of  claim
substantially  prejudiced  the  district  or  school  in maintaining its
defense on the merits.
An application for leave to serve a late notice shall not be denied on
the ground that it was made after commencement of an action against  the
district or school.
Nothing  contained in this subdivision shall affect claims arising out
of contracts entered into by the parties before the  effective  date  of
this  subdivision;  nor  shall  anything  contained  in this subdivision
affect non-contractual claims which have accrued  before  the  effective
date of this subdivision.
2-b.  Except  as  provided  in  subdivision  two  of this section and,
notwithstanding any other provision of law providing a longer period  of
time  in which to commence an action or special proceeding, no action or
special proceeding shall be commenced against any  entity  specified  in
subdivision  one  of  this section more than one year after the cause of
action  arose;  provided,  however,  that  nothing  contained  in   this
subdivision  shall be deemed to modify or supersede any provision of law
specifying a shorter period of time in which to commence  an  action  or
special  proceeding  against  any  such  entity.  For  purposes  of this
subdivision, a cause of action against the school district of  residence
for reimbursement of tuition costs incurred pursuant to subdivision four
of section thirty-two hundred two of this chapter by the school district
in  which  a  family home at board is located shall arise as of the date
payment for the amount claimed was denied.
3. The provisions of this section shall not supersede, alter or affect
the provisions of section twenty-five hundred twelve of this chapter.
4. In any action for personal injuries by a passenger on a school  bus
against  a  school  district,  school bus operator under contract with a
school district, or any agent or employee  of  a  district  or  operator
(including,  but  not limited to, bus drivers, matrons, teachers serving
as chaperones and volunteers) no such person shall be held liable solely
because the injured party was not wearing a seat safety belt;  provided,
however,  that  nothing  contained  herein  shall  be construed to grant
immunity from liability for failure to:
(a) maintain in operating order any  equipment  required  by  statute,
rule or regulation;
(b) comply with applicable statutes, rules or regulations.