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Suing School Districts

Keep in mind that if you contract with a school district (or municipality for that matter) a breach of that contract by your subscriber may trigger a notice requirement that is statutory, and not found in your contract. In New York, Education Law section 3813 requires that notice of a claim be given within three months of the accrual of the claim. So if you declare the contract in breach you must give the claim notice within three months. Failure to give the notice is a condition precedent and it is a fatal defect if you then bring a lawsuit.


We haven't had too many lawsuits against school districts but there have been several over the years. Keep this notice requirement in mind.