Legal Update Memo No. 01-2024 – Registry of Public Agencies (K-12)

Download PDF: 01-2024 – Registry of Public Agencies w Attachments (SPR)

This is a reminder to update your district’s statement of facts listed in the Registry of Public Agencies (“Registry”), a public list of basic facts about a school district that includes the following:

  1. The full, legal name of the public agency;
  2. The official mailing address of the governing board;
  3. The name and residence or business address of each member of the   governing board; and
  4. The name, title, and residence or business address of the chairperson, president, or other presiding officer, and clerk or secretary of the governing board.

Potential claimants can use the Registry to find names and addresses for filing a claim with a district under the Government Claims Act.  The timely filing of a governmental claim is a precondition to filing a lawsuit against a district.

The consequence of failing to maintain the accuracy of the Registry may allow claimants to file lawsuits without first filing timely governmental claims with the district if the basic facts listed above are significantly inaccurate or incomplete.

Government Code section 53051 requires every school district to file a specified statement of facts about the district with the California Secretary of State[1] and with the county clerk for each county in which the district maintains an office after it comes into existence and to periodically amend that statement

Government Code section 53051(b) requires districts to file an amended statement of facts within 10 days after a change in any of these basic facts, such as when welcoming new board members after an appointment or election. 

Districts should use their full legal name when filing and not an abbreviated acronym.

To be certain your district information is properly filed in the Registry, we advise either using U.S. certified mail, return receipt requested, or obtaining a certified copy of the filed document following the instructions that begin on page two of the Registry form.

Attached is a copy of Government Code section 53051 and a Registry form for filing with the Secretary of State.  Contact your local county clerk’s office for instructions on how to file the statement of facts at the county level.

Please contact our office with questions regarding this Legal Update or any other legal matter.

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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[1] A copy of this form can be found at https://bpd.cdn.sos.ca.gov/sf/forms/sf-405.pdf  or by filling out the attached PDF.