Wednesday, January 5, 2011

California Time Limits For Filing Claim Form With School Districts under the California Government Code

By Michelle Ball, California Education Attorney for Students since 1995

Yesterday I blogged about the information which must be communicated to a school district prior to filing in court.  This blog will address the very important time limits in place in California for such notice under the Government Code.

There are strict time limits with regard to filing claims against school districts (and other governmental entities) under California law, which the courts do honor.  A case may be rejected if the student (or claimant) did not file the required notice timely with the District (see yesterday's blog here) and file in court timely after that process is complete.

Time for filing with the governing body:
For personal injury claims, claims for death or damage to person or property, and claims for damage to crops (crop damage does not typically come up with my office!), the notice to be filed with the governing body must be presented within 6 months of the accrual of the cause of action (this time may be determined by other statutes depending on the type of action.  Please see Government Code 911.2 for more information).  For other claims, the government code states that the time for presentation is up to 1 year.

Additionally, if the filing IS timely provided to the Board of Education, the Board will either reject the claim, act on the claim, or ignore it. Once rejected, the claimant may proceed to file in court.  If the Board does not act on the claim (e.g. you get no response), it is deemed rejected 45 days from the date submitted (see Government code 911.6).  So, keep your calendar handy!

If the claim is rejected, the Government Code states the claimant has 6 months from the date the claim was personally delivered or deposited in the mail to file in court (see Government Code section 913).

Please be advised that other time limits might apply as well depending on the type of claim and which court it might be filed in.  The above is merely to outline some limits within the Government Code and is not exhaustive.


Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

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