S T A T E O F N E W Y O R K
________________________________________________________________________
2270
2011-2012 Regular Sessions
I N A S S E M B L Y
January 14, 2011
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Introduced by M. of A. REILLY -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to claims against schools
and school districts; and to repeal certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 3813 of the education law is
REPEALED and a new subdivision 1 is added to read as follows:
1. NO ACTION OR SPECIAL PROCEEDING FOR ANY CAUSE WHATEVER, EXCEPT AS
PROVIDED IN THIS SUBDIVISION, RELATING TO DISTRICT PROPERTY OR PROPERTY
OF SCHOOLS PROVIDED FOR IN ARTICLE EIGHTY-FIVE OF THIS CHAPTER OR CHAP-
TER ONE THOUSAND SIXTY OF THE LAWS OF NINETEEN HUNDRED SEVENTY-FOUR OR A
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 OR SCHOOL PROVIDED FOR IN ARTICLE
EIGHTY-FIVE OF THIS CHAPTER OR CHAPTER ONE THOUSAND 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 ONE THOU-
SAND 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04852-01-1
A. 2270 2
THE AMOUNT CLAIMED WAS DENIED. ANY SUCH DENIAL SHALL BE DEEMED TO HAVE
OCCURRED ON THE DATE ON WHICH A CLAIMANT SEEKING MONIES ARISING OUT OF A
CONTRACT RECEIVES WRITTEN NOTICE OF SUCH DENIAL BY THE BOARD OR OTHER
GOVERNING BODY OF SUCH A SCHOOL, SCHOOL DISTRICT, BOARD OF EDUCATION,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR OTHER ENTITY SUBJECT TO
THIS CHAPTER.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.