STEPS FOR FILING CLAIMS AGAINST SCHOOLS
Please watch the webinar Filing Claims Against Officials and Individuals for an in depth discussion and QandA on how to fill out the correct forms and what verbiage to use.
Decide on the category of elected/appointed official (s) you want to file a claim against.
SCHOOL DISTRICT: Superintendent, School Board Members
COUNTY OFFICE OF EDUCATION: Superintendent, Board Members
Step Two - File a Claim
Instructions for filling out Claim forms for schools:
For: Ukiah Unified School District the form can be downloaded here: Ukiah Unified School District Form
SAMPLE form on how to fill this out can be downloaded here: SAMPLE Ukiah Unified School District Form
For: Other school districts, you will need to go to your school district office and request the claim form to file a claim for monetary damages. Make sure it has a line for a monetary amount or this is not the correct form. They will try to give you the wrong complaint form.
Add your child's name as a C/O (Care Of) under your name. So that you are both included in the claim. If more than one child, fill out another claim form. Do not include Social Security Numbers.
Date of Accident/Loss must be within 6 months, do not include any exhibits or information beyond 6 months of filing this claim.
The accident/losses can be: Physical/Emotional: Masking has caused lack of oxygen, potential brain damage, lack of cognition, has impeded academic progress/loss of education, emotional distress, mental anguish, harassment, discrimination,
violation of constitutional rights to in person education, discipline for not masking/embarrassment/humiliation, being left out from school events, bullying, depression, endangerment (being locked in a room alone), depression, night terrors, your feelings, or any others that apply to your/your child's situation.
(Optional) Write up an Affidavit. Include the verbiage: To the best of your knowledge, and explain how this has affected your child, their feelings, loss of education, etc.
List Exhibits numbers (Exhibit A, etc.) on Accident/Loss information line, a number for each attachment.
Name of Person causing the accident/loss: Superintendent, School Board Members (You are encouraged to fill out a separate form for each individual Board Member and Superintendent, this makes more claims).
Make the claim for OVER $25,000.00. This amount makes it a non-limited civil case. In the Description to substantiate the claim amount list: Long Term Psychological Harm, Loss of Education, Stress (or others that apply). Medical Expenses, therapy, loss of wages, tutoring, attorney fees, etc. all apply to the substantiate the claim amount.
1. Claim form filled out, with signature
2. Attach exhibits, any proof, you have: Medical bills for doctor visits, Psychology visits, Affidavit, etc., also any letter of intent, etc. that you have served them previously.
Return all this to the School District Office. Some forms have a date stamp section that will be stamped when they accept this form. Have them make you a copy for your records with the date stamp on there.
They have 45 days to respond to your claim. This claim now makes them notify their insurance company of the claim. You may be contacted by the insurance and offered a settlement as they do not want to be sued.
California School District Violations and California Education Codes
If you are looking for school district violations please look at the copy of the speech that was read to our School District in Mendocino County on the night we served the lawful notice. It contains all of the school specific California Education codes. Again, please note this is a template, read through the pages and make the necessary adjustments to your specific location.
School District Speech - District Violations and California Education Codes