N.Y. Laws » CHAPTER Education / TITLE School District Organization / ARTICLE City School Districts of Cities With One Hundred Twenty-five Thousand Inhabitants or More
New York Consolidated Laws

N.Y. Education Law § 2560 (2026)

Liability of board of education and community school boards in a city having a population of one million or more inhabitants

✓ current as of May 2026
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§ 2560. Liability of board of education and community school boards in
a city having a population of one million or more inhabitants. 1.
Notwithstanding any inconsistent provision of law, general, special or
local, or the limitation contained in the provisions of any city
charter, any duly appointed member of the board of education in a city
having a population of one million or more, the members of each
community school board in such city, the teaching or supervising staff,
officer, or employee of such board and of each such community school
board, member of a committee on special education or subcommittee
thereof or authorized participant in the school volunteer program in
such city shall be entitled to legal representation and indemnification
pursuant to the provisions of, and subject to the conditions, procedures
and limitations contained in section fifty-k of the general municipal
law, except that any judgment or settlement pursuant to this section
shall be payable from the monies of the board of education.
  2. Notwithstanding any inconsistent provision of law, general, special
or local, or limitations contained in the provision of any city charter,
it shall not be within the power of the board of education or a
community school board in any school district in a city with a
population of one million or more to require a volunteer participating
in any school activities to execute a waiver of responsibility in favor
of that board as a condition, either express or implied, of such
participation. Such waiver would include, but not be limited to, a
release of any party against whom the volunteer may have rights under
any existing provision of law for personal injuries incurred during the
performance of authorized volunteer duties by an authorized participant
in a school volunteer program.
Notes of Decisions
Cited in 8 cases, 1970–2013 · leading case: Thomas v. New York City Dep't of Educ., 33 Misc. 3d 629 (N.Y. Sup. Ct. 2011).
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Thomas v. New York City Dep't of Educ., 33 Misc. 3d 629 (N.Y. Sup. Ct. 2011). · cites it 11× “They contend that they properly denied *632 petitioner a defense because General Municipal Law § 50-k and Education Law § 2560 govern the situation at bar and, according to respondents, the action petitioner took — corporal punishment — was not within the scope of her duties as…”
Duncan v. Koustenis, 271 A.2d 547 (Md. 1970). “Many states have curtailed the doctrine in relation to school boards by legislative action. Cal.”
Segerman v. Jones, 259 A.2d 794 (Md. 1970). “Code § 1013 (1969) ; New York City, N.Y. Educ. Law § 2560 (1953) ; Washington, Wash.”
Sagal-Cotler v. Bd. of Educ. of the City Sch. Dist., 988 N.E.2d 502 (N.Y. 2013). “It is true that later-enacted legislation applicable to employees of the New York City Department of Education entitles such employees to a defense only where their actions were “not in violation of any rule or regulation of [their] agency” (General Municipal Law § 50-k [2]; see…”
Sagal-Cotler v. Bd. of Educ., 96 A.D.3d 409 (N.Y. App. Div. 2012). · cites it 8× “Contrary to Supreme Court’s determination and the dissent’s position, Education Law § 2560, which incorporates by reference General Municipal Law § 50-k, and Education Law § 3028 are not irreconcilable, but rather can and should be read together and “applied harmoniously and…”
Thomas v. New York City Dep't of Educ., 96 A.D.3d 401 (N.Y. App. Div. 2012). · cites it 7× “” Education Law § 2560 (1), as amended in 1979, provides for representation and indemnification for board of education employees in a city having a population of one million or more “pursuant to the provisions of, and subject to the conditions, procedures and limitations…”
Sagal-Cotler v. Bd. of Educ., 96 A.D.3d 409 (N.Y. App. Div. 2012). · cites it 8× “Contrary to Supreme Court’s determination and the dissent’s position, Education Law § 2560, which incorporates by reference General Municipal Law § 50-k, and Education Law § 3028 are not irreconcilable, but rather can and should be read together and “applied harmoniously and…”
Thomas v. New York City Dep't of Educ., 96 A.D.3d 401 (N.Y. App. Div. 2012). · cites it 7× “” Education Law § 2560 (1), as amended in 1979, provides for representation and indemnification for board of education employees in a city having a population of one million or more “pursuant to the provisions of, and subject to the conditions, procedures and limitations…”
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