Liabilities - Governing Boards - CA Education

Section § 35200

This law states that a school district's governing board is responsible for any debts and contracts made in the district's name, like paying teachers' salaries, as long as these do not exceed the district's available school funds for that year. However, if the board makes debts or contracts beyond those funds, the district isn't responsible for them. Additionally, money that is transferred to a newly formed school district is considered part of the available school funds for contracts made before the district officially begins operations.

The governing board of any school district is liable as such in the name of the district for all debts and contracts, including the salary due any teacher, not made in excess of the school moneys accruing to the district and usable for the purposes of the debts and contracts during the school year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section.

For the purposes of this section, moneys transferred to the funds of a newly organized school district pursuant to Section 42623 are deemed school moneys accruing to the district and usable for the purposes of contracts made for the school year preceding the date the district became effective for all purposes.

school district liability teacher salary obligations school funds district debts contract limitations school year expenditure governing board responsibility budget compliance newly organized district funds Section 42623 funds

(Enacted by Stats. 1976, Ch. 1010.)

Section § 35202

If you want to make a claim for money or damages against a school district, you need to follow the rules set out in specific parts of the Government Code, unless another specific law or regulation applies.

All claims for money or damages against a school district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 35204

This law allows school district boards to hire a private attorney or an administrative adviser as either an employee or a freelancer if needed. Paying this attorney with the district's funds is considered appropriate spending. The term 'attorney in private practice' can refer to a single lawyer, a partnership, or a legal company.

The governing board of any school district, may contract for the services of an attorney in private practice, as an employee or independent contractor, or utilize an administrative adviser for whatever purpose the governing board deems appropriate, and compensation of this attorney pursuant to contract shall be a proper use of school district funds. For purposes of this section, “an attorney in private practice” includes a sole practitioner, partnership, or professional corporation.

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(Amended by Stats. 1992, Ch. 696, Sec. 7. Effective September 15, 1992.)

Section § 35205

This law allows school districts to hire private attorneys to provide legal services. It states that paying these attorneys from the school district's funds is an appropriate and valid use of those funds.

The governing board of any school district may contract with a qualified attorney in private practice to provide legal services and compensation of this attorney in private practice pursuant to contract under this section shall be a proper use of school district funds.

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(Amended by Stats. 1992, Ch. 696, Sec. 8. Effective September 15, 1992.)

Section § 35207

This law allows the school district's governing board to hire a hearing officer, as outlined in a specific chapter of the Government Code. For these purposes, the law treats the school board like a local government body and the school district like a public entity.

The governing board of any school district, may contract for the services of a hearing officer pursuant to the provisions of Chapter 14 (commencing with Section 27720), Part 3, Division 2, Title 3 of the Government Code and, for purposes of that chapter, the governing board is deemed to be a local body and the school district a local public entity.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 35208

This law requires that school districts in California have insurance to cover certain types of liabilities. Specifically, it ensures they are protected against being sued for damages related to deaths, injuries, or property damage, either involving the district itself or due to actions taken by board members, officers, or employees while on the job. The law allows districts to purchase these insurance policies from any authorized insurer in the state or a nonadmitted insurer under certain conditions. It also clarifies that districts can use other legal provisions for additional insurance coverage if they wish.

(a) The governing board of any school district shall insure against:

(1) The liability, other than a liability which may be insured against under the provisions of Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property; and

(2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his office or employment.

(b) The insurance may be written in any insurance company authorized to transact the business of insurance in the state, or in a nonadmitted insurer to the extent and subject to the conditions prescribed by Section 1763 of the Insurance Code.

(c) Nothing in this section is intended to limit or restrict the authority of the district to insure under Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 35211

If a school district offers driver training courses, they must inform parents or guardians of students in these courses about two things. First, they need to explain that parents and guardians are legally responsible for any damage or injury caused by their child's driving. Second, they must tell them about the district's insurance coverage related to the courses, including any limitations that mean the insurance might not fully cover what parents are liable for if something goes wrong.

The governing board of any school district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody of pupils of the district participating in automobile driver training courses under the jurisdiction of, or sponsored or controlled by, the district, who have signed the statement required by Section 12650 of the Vehicle Code or an application for a driver’s license under Section 17701 of the Vehicle Code, of each of the following:

(a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle.

(b) The insurance coverage carried by the school district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 35213

This law allows school districts to reimburse people for personal items lost, destroyed, or damaged at school due to arson, burglary, or vandalism. However, reimbursement is only possible if the item was approved for school use before being brought, and its value was agreed upon with a school representative at that time. Also, the school district can set a limit on how much they will pay for such reimbursements.

The governing body of a school district may provide by rule or regulation for the reimbursement of any person or persons for the loss, destruction, or damage by arson, burglary or vandalism of personal property used in the schools of the district. Reimbursement shall be made only when approval for the use of the personal property in the schools was given before the property was brought to school and when the value of the property was agreed upon by the person or persons bringing the property and the school administrator or person appointed by him for this purpose at the time the approval for its use was given. The governing body may establish a maximum value of reimbursement which will be paid.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 35214

This law allows school districts to use their own money to protect against any financial responsibilities they might have, instead of buying insurance. However, they can still choose to use a mix of their own funds and insurance policies for protection.

The board of governors of a school district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies as provided in Section 35208. Nothing contained herein shall be construed as prohibiting the board of education of the district from providing protection against such liability partly by means of its own funds and partly by means of insurance written by insurance companies as provided in Section 35208.

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(Amended by Stats. 1977, Ch. 36.)