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LEGAL ALERT

June 30, 2020

The Claims Presentation Requirement of The Government Claims Act Can Protect Local Educational Agencies Administering an Individualized Education Program

Author: Omer A. Khan, Attorney at Law


                                                                                
                                                                      

Summary:

On June 26, 2020, the First Appellate District of the California Court of Appeals denied the parents’ appeal seeking to recover damages from a school district after their child tragically committed suicide. (Neeley v. San Mateo Union High School District (2020) 120 LRP 19625.) The court reasoned that the Government Claims Act, which permits claimants to collect money damages from public agencies for personal injuries, requires that claimants first give notice of potential claims to the District directly by presenting the factual basis for their claims in a manner prescribed by the District.

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This GIRARD, EDWARDS, STEVENS & TUCKER LLP Special Education Legal Alert is a complimentary newsletter providing general information about events of current legal importance. The Special Education Legal Alerts do not constitute specific legal advice nor do they establish an attorney-client relationship. As the information contained here is necessarily general, its application to a particular set of facts and circumstances may vary. GIRARD, EDWARDS, STEVENS & TUCKER LLP does not recommend that you act on this information without consulting legal counsel.



 
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