§ 3813. Presentation of claims against the governing body of any\nschool district or certain state supported schools. 1. No action or\nspecial proceeding, for any cause whatever, except as hereinafter\nprovided, relating to district property or property of schools provided\nfor in article eighty-five of this chapter or chapter ten hundred sixty\nof the laws of nineteen hundred seventy-four or claim against the\ndistrict or any such school, or involving the rights or interests of any\ndistrict or any such school shall be prosecuted or maintained against\nany school district, board of education, board of cooperative\neducational services, school provided for in article eighty-five of this\nchapter or chapter ten hundred sixty of the laws of nineteen hundred\nseventy-four or any officer of a school district, board of education,\nboard of cooperative educational services, or school provided for in\narticle eighty-five of this chapter or chapter ten hundred sixty of the\nlaws of nineteen hundred seventy-four unless it shall appear by and as\nan allegation in the complaint or necessary moving papers that a written\nverified claim upon which such action or special proceeding is founded\nwas presented to the governing body of said district or school within\nthree months after the accrual of such claim, and that the officer or\nbody having the power to adjust or pay said claim has neglected or\nrefused to make an adjustment or payment thereof for thirty days after\nsuch presentment. In the case of an action or special proceeding for\nmonies due arising out of contract, accrual of such claim shall be\ndeemed to have occurred as of the date payment for the amount claimed\nwas denied.\n 2. Notwithstanding anything to the contrary hereinbefore contained in\nthis section, no action or special proceeding founded upon tort shall be\nprosecuted or maintained against any of the parties named in this\nsection or against any teacher or member of the supervisory or\nadministrative staff or employee where the alleged tort was committed by\nsuch teacher or member or employee acting in the discharge of his duties\nwithin the scope of his employment and/or under the direction of the\nboard of education, trustee or trustees, or governing body of the school\nunless a notice of claim shall have been made and served in compliance\nwith section fifty-e of the general municipal law. Every such action\nshall be commenced pursuant to the provisions of section fifty-i of the\ngeneral municipal law; provided, however, that this section shall not\napply to: (i) any claim to recover damages for physical, psychological,\nor other injury or condition suffered as a result of conduct which would\nconstitute a sexual offense as defined in article one hundred thirty of\nthe penal law committed against a child less than eighteen years of age,\nincest as defined in section 255.27, 255.26 or 255.25 of the penal law\ncommitted against a child less than eighteen years of age, or the use of\na child in a sexual performance as defined in section 263.05 of the\npenal law committed against a child less than eighteen years of age; or\n (ii) any civil claim or cause of action revived pursuant to section\ntwo hundred fourteen-j of the civil practice law and rules.\n 2-a. Upon application, the court, in its discretion, may extend the\ntime to serve a notice of claim. The extension shall not exceed the time\nlimited for the commencement of an action by the claimant against any\ndistrict or any such school. In determining whether to grant the\nextension, the court shall consider, in particular, whether the district\nor school or its attorney or its insurance carrier or other agent\nacquired actual knowledge of the essential facts constituting the claim\nwithin the time specified in subdivision one of this section or within a\nreasonable time thereafter. The court shall also consider all other\nrelevant facts and circumstances, including: whether the claimant was an\ninfant, or men
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