Claims and Actions Against The District

San Francisco Unified School District and County Office of Education

Board Policy 3320

Claims and Actions Against The District

 

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

 

The Governing Board desires to conduct District operations in a manner that minimizes risk, protects District resources, and promotes the health and safety of students, staff, and the public. Any and all claims for money or damages against the District shall be presented to and acted upon in accordance with the Government Claims Act or other applicable state or District procedures, as well as the District’s joint powers authority (JPA) agreement or other insurance coverage.

 

(cf. 3530 – Risk Management/Insurance)

(cf. 5143 – Insurance)

 

Time Limitations

 

Any claim for money or damages not governed by the Government Claims Act (Government Code 810-996.6) or specifically excepted by Government Code 905 shall be presented and acted upon in accordance with district-established procedures consistent with the manner and time limitations specified in the accompanying administrative regulation, unless a procedure for processing such claims is otherwise provided by state or federal law or regulation. (Government Code 935)

 

The following time limitations apply to claims against the District:

1. Claims for money or damages relating to a cause of action for death or for injury to person, personal property, or growing crops shall be presented to the Governing Board not later than six months after the accrual of the cause of action. (Government Code 905, 912)

2. Claims for money or damages as authorized in Government Code 905 and not included in item #1 above, including claims for damages to real property or claims for unpaid wages, shall be presented not later than one year after the accrual of the cause of action. (Government Code 905, 911.2)

3. In accordance with the Board’s authority pursuant to Government Code 935, claims for money or damages which are specifically exempted from the Government Claims Act by Government Code 905 and are not governed by any other claims presentation statute or regulation shall be filed not later than six months after the accrual of the cause of action. (Government Code 905, 911.2, 935)

Receipt of Claims

 

A claim, any amendment thereto, or an application to present a late claim shall be deemed presented and received when delivered to the District office or deposited in a post office, mailbox, sub-post office, substation, mail chute, or other similar facility maintained by the U.S. government, in a sealed envelope properly addressed to the District office with postage paid, or when otherwise actually received in the District office or by the Board secretary or clerk. (Government Code 915, 915.2)

 

Only the Legal Office is authorized to accept claims. No other District departments or personnel shall accept claims.

In accordance with Government Code 935.4, the Board delegates to the Superintendent the authority to allow, compromise, or settle claims of ,000 or less pursuant to any conditions of coverage in the District’s JPA agreement or insurance coverage.

 

Roster of Public Agencies

 

Within 10 days of any change in the name of the District, the mailing address of the Board, or the names and addresses of the Board president, the Board clerk or secretary, or other Board members, the Superintendent or designee shall file the updated information with the Secretary of State and the County Clerk. (Government Code 53051)

 

 

 

Legal Reference:

EDUCATION CODE

35200   Liability for debts and contracts

35202   Claims against districts; applicability of Government Code

CODE OF CIVIL PROCEDURE

340.1   Damages suffered as result of childhood sexual abuse

GOVERNMENT CODE

800   Cost in civil actions

810-996.6   Claims and actions against public entities

6500-6536   Joint exercise of powers

53051   Information filed with secretary of state and county clerk

PENAL CODE

72   Fraudulent claims

COURT DECISIONS

Big Oak Flat-Groveland Unified School District v. Superior Court of Tuolumne County, (2018) 21 Cal.App.5th 403

City of Stockton v. Superior Court, (2007) 42 Cal. 4th 730

Connelly v. County of Fresno, (2006) 146 Cal.App.4th 29

CSEA v. South Orange Community College District, (2004) 123 Cal.App.4th 574

CSEA v. Azusa Unified School District, (1984) 152 Cal.App.3d 580

 

Management Resources:

WEB SITES

California Secretary of State’s Office: http://www.sos.ca.gov

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.