3320 - Claims and Actions Against the Office of the County Superintendent of Schools - Procedure

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 Board not later than six months after the accrual of the cause of action. (Government Code Sections 905, 911.2)

2. Claims for money or damages as authorized in Government Code Section 905 and not included in paragraph 1 above shall be filed not later than one year from the date the cause of action accrues. (Government Code Sections 905, 911.2)
3. Claims for money or damages specifically excepted from Government Code Section 905, including but not limited to claims by public employees for fees, salaries, wage, mileage, or other expenses and allowances, shall be filed not later than one year after the accrual of the cause of action. (Government Code Sections 905, 911.2, 935)”

Claims under paragraphs #1 and #3 above which are filed later than six months after the accrual of the cause of action must be accompanied by an application to file a late claim. Such claim and application to file a late claim must be filed not later than one year after the accrual of the cause of action.

If a claim under paragraphs #1 or #3 is filed late and is not accompanied by the application, the Office of the County Superintendent of Schools shall, within 45 days, give written notice that the claim was not filed timely and that it is being returned without further action.

The application to file a late claim shall state the reason for the delay. The Office of the County Superintendent of Schools shall grant or deny the application within 45 days after it is presented. By mutual agreement of the claimant and the Office of the County Superintendent of Schools, this 45day period may be extended by written agreement made before the expiration of such period. If the Office of the County Superintendent of Schools does not take action on the application within 45 days, it shall be deemed to have been denied on the 45th day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement.

If the application to present a late claim is denied, the claimant shall be given notice.

A claim, any amendment thereto, or an application for leave to present a late claim shall be deemed presented when personally delivered to the Office of the County Superintendent of Schools or postmarked by a mail delivery service in a sealed envelope properly addressed to the office with postage paid.

Approved August 24, 1993
Revised February 19, 2002
Revised December 17, 2013