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Assembly Bill A2270

2011-2012 Legislative Session

Relates to claims against certain schools and the governing body of school districts; repealer

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Archive: Last Bill Status - In Assembly Committee

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2011-A2270 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Rpld & add ยง3813 sub 1, Ed L
Versions Introduced in 2009-2010 Legislative Session:
A10215

2011-A2270 (ACTIVE) - Summary

Relates to claims against certain schools and the governing body of school districts.

2011-A2270 (ACTIVE) - Bill Text download pdf

                            
                    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
                               ___________

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REPEALED and a new subdivision 1 is added to read as follows: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
              

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