The Board of Education recognizes the seriousness of legal allegations against the school district and the importance of responding promptly to such allegations. The Board further acknowledges that it may be served legal documents including notice of claim and summons and complaint documents either by personal delivery or mail delivery.
The Board notes that when service is made on the district by mail it may be addressed to any school official, including Board members, the Superintendent of Schools, District Clerk, Tax Collector, District Treasurer, or any person whose duties generally relate to the administration of school affairs. Because such a large class of persons may be properly served on behalf of the district, the Superintendent shall ensure that district employees whose duties relate to school administration understand their responsibility to identify and immediately forward legal papers to the Superintendent.
If any district employee is sued as a result of action taken by the employee while acting in the discharge of his/her duties within the scope of his/her employment, the district shall provide legal aid and render necessary assistance to the employee in his/her defense, within the
limitations of New York State Law. The district employee shall notify the Superintendent within ten (10) days after the action is brought against him/her. In the event action is submitted to the Board concerning an employee, the employee shall be notified by the Superintendent within ten (10) days.
The Superintendent shall establish effective procedures to ensure that the district responds within the time frames prescribed by law.
Cross-ref: 2230.04, School Legal Counsel
Ref: 22 NYCRR §130.1(b); 130.2
Education Law §2 (13); 3813
Civil Practice Law and Rules §311; 312(a); 318
Adopted April 30, 1996
Adopted March 6, 2012
Reviewed January 8, 2019