SECTIONS 35200-35214 - California Statutes

EDUCATION CODE

SECTION 35200-35214

35200. 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.

35202. 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.

35204. 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.

35205. 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.

35207. 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.

35208. (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.

35211. 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.

35213. 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.

35214. 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.