Filing a required claim form with a government agency, such as a school or school district, prior to moving to court can be a daunting and confusing task. I have previously written about the pre-court filing requirement for certain claims against a school or school district (here, here and here) but wanted to add a list of some exclusions (may not be an exhaustive list) for parents and students.
I don't need to reiterate my earlier posts on filing and late filing, but one code section is relevant when evaluating whether a pre-court filing may be required or not. California Government Code section 905 states:
"There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except any of the following:
(a) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee, or charge or any portion thereof, or of any penalties, costs, or charges related thereto.
(b) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any law relating to liens of mechanics, laborers, or materialmen.
Another section referenced is a claim for fees wrongly paid under California Education Code sections 49010-49013, such as a claim for return of fees improperly charged for books, materials, extracurricular activities and otherwise.
Parents and students need to be aware of applicable filing time limits so they can competently pursue their school claims should a dispute, sexual abuse claim, or other situation arise.